On 5 December 2024, Malawi became the first country to ratify the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, adopted in Geneva on May 24, 2024. To date, 38 WIPO member states have signed the treaty; it will enter into force after 15 countries accede to it. The groundbreaking treaty addresses the intersection of IP, genetic resources and traditional knowledge, and includes provisions specifically related to indigenous peoples and local communities.

Under the treaty, if a claimed invention is based on genetic resources, applicants are required to disclose the country of origin or source of the genetic resources. Genetic resources, often contained in medicinal plants, agricultural crops, and animal breeds, cannot be directly protected as IP, but inventions developed using them can, most often through a patent.

If the claimed invention is based on traditional knowledge associated with genetic resources, applicants will be required to disclose the indigenous peoples or local community who provided the traditional knowledge.

Some genetic resources are also associated with traditional knowledge through their use and conservation by indigenous peoples or local communities, who are custodians of unique knowledge systems and practices that have been passed down through generations. This knowledge is sometimes used in scientific research and may contribute to the development of a protected invention.

Source: WIPO website