WIPO Negotiations on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

This article examines the ongoing negotiations at the World Intellectual Property Organization (WIPO) regarding the protection of genetic resources, traditional knowledge (TK), and traditional cultural expressions (TCEs). It provides a comprehensive overview of the historical background, key provisions, challenges, and reflections on the diplomatic efforts leading to the establishment of the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge (GRATK Treaty). It explores issues surrounding disclosure obligations, including the lack of a clear definition for "confidential information" and the debate over sanctions and remedies. The article examines the challenges and implications of key provisions in the Basic Proposal, including disclosure requirements, exceptions and limitations, and information systems, revealing longstanding disagreements among stakeholders.

It also reflects on the emerging international norms and their impact on the global intellectual property regime, emphasizing the complexities of protecting genetic resources, TK, and TCEs.