Reconciling the 2024 WIPO Treaty on Genetic Resources and Associated Traditional Knowledge with the TRIPs Agreement: Administrative Formalities vs. Substantive Patentability Criteria

Abstract

The adoption of the WIPO Treaty 2024 introduces a disclosure of origin obligation as an effort to enhance transparency within the patent system. However, this integration has sparked debate regarding its compatibility with the TRIPs, particularly in relation to the potential emergence of new substantive requirements that exceed the global patentability criteria. This study aims to analyze the conformity of such disclosure requirements with the international standards set forth in Articles 27.1, 29, and 62 of the TRIPs. Employing a normative legal research method and a textual interpretative approach grounded in the VCLT, this study examines relevant WTO jurisprudence in order to identify the permissible limits of administrative procedures. The findings indicate that Article 27.1 of the TRIPs is of a limiting character, such that disclosure of origin may not be imposed as a substantive requirement capable of defeating an invention. Nevertheless, such an obligation remains internationally valid insofar as it is framed as a “reasonable procedure” under Article 62.1 of the TRIPs. This requires member states to apply administrative sanctions with due caution, particularly in assessing fraudulent intent, so as to preserve legal certainty without distorting the globally agreed minimum standards for patent protection.