Of Ceilings and Flaws: Negotiating Disclosure in the WIPO Genetic Resources and Traditional Knowledge Treaty
Year: 2026
Type: article
Abstract: The negotiators of the 2024 WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge navigated the straits of maximum standards (ceilings) and minimum standards (floors), harmonization and flexibility, and clarity and ambiguity. The text as finally adopted by consensus is delicately and deliberately balanced in its distribution of gains and losses. It is also silent, vague or ambiguous on certain elements. This is likely to lead to divergences in how Contracting Parties interpret, enact and operationalize the Treaty. This report examines how three elements that are pivotal to the Treaty’s mandatory disclosure requirement were finalized: the substantive trigger; the reference to ‘the Indigenous Peoples or local community, as applicable’; and post-grant sanctions for non-compliance. The report analyses the policy interests at stake, their negotiating history and how process affected outcomes. The compromise language agreed in each case facilitated the Treaty’s adoption but may undermine its effectiveness in achieving its objectives and its broader purpose of facilitating convergence across domestic regimes. To remedy this flaw, it might be advisable for countries to coordinate on their interpretation and implementation of the Treaty.
Source: GRUR International
Author: Wend Wendland
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $4,380
OpenAlex ID: W7203665758