Malawi has made history by becoming the first nation to ratify the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge (GRATK). Adopted on May 24, 2024, during a diplomatic conference in Geneva, this treaty addresses the critical interface between intellectual property rights, genetic resources, and traditional knowledge.

So far, 38 WIPO member states have signed the treaty, indicating their intent to ratify it. However, signing does not make it legally binding; ratification is necessary for that. The treaty will take effect once 15 countries deposit their instruments of ratification with WIPO.

The GRATK Treaty establishes important disclosure requirements for patent applicants. If an invention is based on genetic resources or associated traditional knowledge, applicants must disclose the country of origin and the Indigenous Peoples or local communities involved. This aims to prevent biopiracy and ensure fair recognition and compensation for local contributions.

WIPO Director General Daren Tang praised Malawi’s leadership in ratifying this historic treaty, which includes provisions specifically designed for Indigenous Peoples and local communities. Malawi’s Minister of Justice, Titus Mvalo, expressed pride in the country’s role in advancing a more inclusive intellectual property system.

As more countries join Malawi in ratifying the treaty, its potential benefits can begin to be realized, promoting equitable sharing of resources and enhancing protections for traditional knowledge globally.