The Indigenous World 2025: World Intellectual Property Organization (WIPO)

Written on 25 April 2025. Posted in World Intellectual Property Organization (WIPO)

Indigenous Peoples have rights over their traditional knowledge, traditional cultural expressions and genetic resources, including associated intellectual property rights, as recognized in Article 31 of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).^[1] The term “traditional knowledge” generally refers to technical know-how, skills and practices developed, utilized and passed down within a community’s traditional context.

Examples include medicinal, agricultural and ecological knowledge, as well as methods for doing things such as weaving and house construction.^[2] “Traditional cultural expressions” are the myriad forms in which traditional culture is expressed, including music, dance, stories, art, ceremonies, designs and symbols.^[3] “Genetic resources” are defined as genetic material of actual or potential value found in plants, animals or micro-organisms. Examples include medicinal plants, agricultural crops and animal breeds.^[4]

Conventional intellectual property laws are woefully inadequate in protecting these rights. Indigenous Peoples’ intangible cultural heritage, ranging in forms from textile designs to traditional songs, medicinal plant knowledge and environmental conservation, is often treated as being in the “public domain”, and misappropriation by those within the pharmaceutical, fashion and film industries, among others, is widespread and ongoing.

The World Intellectual Property Organization (WIPO), a UN agency with 193 Member States, provides a forum for negotiating new international intellectual property laws. In 2000, WIPO Member States established the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC). Since 2010, the IGC has conducted formal, text-based negotiations to develop legal instruments for the protection of traditional knowledge, traditional cultural expressions and genetic resources. Indigenous Peoples participate in the IGC as observers and participate collectively through an ad hoc Indigenous Caucus averaging around 25 to 30 people per session. In 2024, WIPO adopted two new treaties with provisions relevant to Indigenous Peoples.

This article is part of the 39^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here

Overview

Background information on the IGC and Indigenous Peoples’ participation therein can be found in prior editions of The Indigenous World.^[5] In landmark developments in 2024, WIPO Member States adopted two new international intellectual property treaties relevant to the protection of Indigenous Peoples’ rights: the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge and the Riyadh Design Law Treaty. The WIPO IGC continued its work, holding a stocktaking session on genetic resources and continuing text-based negotiations on legal instruments for the protection of traditional knowledge and traditional cultural expressions.^[6] WIPO awarded its annual Photography Prize for Indigenous Youth, highlighting the creativity of Indigenous youth and the important role they play in preserving and protecting Indigenous cultures.

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

The first major development in 2024 took place at WIPO headquarters in Geneva from 13-24 May. At a two-week diplomatic conference agreed by the WIPO General Assembly in 2022, over two decades of deliberations by the IGC – and intense and persistent advocacy from Indigenous Peoples from around the world – culminated in Member States adopting an historic new treaty.^[7] The WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge is a landmark accomplishment, as it is the first WIPO treaty to reference Indigenous Peoples and their rights.^[8]

Significantly, the preamble to the treaty, which was adopted by WIPO Member States by consensus, acknowledges the UNDRIP and the “commitment to achieving the ends set forth therein”. It also affirms that “best efforts should be made to include Indigenous Peoples” in the treaty’s implementation. Article 6 provides that information systems (databases) on genetic resources and associated traditional knowledge, as well as appropriate safeguards, be established and developed in consultation with Indigenous Peoples. The treaty also provides, in Article 10, that the Assembly established to address the application and operation of the treaty “shall encourage the effective participation of representatives from Indigenous Peoples” and invite parties “to consider financial arrangements for participation of Indigenous Peoples”.

The key operative provision of the treaty is a mandatory disclosure requirement in Article 3, requiring patent applicants to disclose the country of origin of genetic resources and/or Indigenous Peoples providing associated traditional knowledge when a patent application is submitted for an invention “based on” such genetic resources and/or associated traditional knowledge. If the patent applicant does not know the country of origin or the Indigenous Peoples providing the traditional knowledge, they are required to disclose the source from which the genetic resources and/or traditional knowledge were obtained. If they do not know the source, they are required to make a declaration to that effect. While the scope of the disclosure requirement is limited to patent applications, Article 8 of the treaty requires review of the treaty four years following its entry into force, with the possibility of extending the disclosure requirement to other areas of intellectual property and of including derivatives and other issues arising from new and emerging technologies.

Although the treaty does not create new affirmative legal protections for genetic resources or associated traditional knowledge, it takes an historic step forward by mandating transparency – through requiring disclosure of information on use of genetic resources and/or associated traditional knowledge – that can support implementation of legal protections developed in other contexts, such as the Convention on Biological Diversity and the Nagoya Protocol, relevant national and regional laws and, ultimately, the traditional knowledge instrument currently under negotiation in the IGC.^[9]

Participation at the diplomatic conference was in person only, and a key concern for Indigenous Peoples leading up to the conference was ensuring full and effective Indigenous participation. In recognition of the necessity of Indigenous participation for the legitimacy of the process, WIPO Member States in 2023 had approved funding for up to 14 representatives of Indigenous Peoples to attend as well as local communities (two representatives from each of the seven socio-cultural regions of the UN Permanent Forum on Indigenous Issues), and some 40 individuals in total therefore participated in the Indigenous Caucus. As with sessions of the IGC, the WIPO Secretariat supported the Caucus’ participation, providing a meeting room as well as funding interpretation, translation, and other logistical support through the Indigenous Peoples’ Centre for Documentation, Research and Information (Docip). As in the IGC negotiations, the Caucus developed text proposals and was able to select representatives and actively engage in all conference working methodologies.

As of December 2024, 38 Member States had signed up to the treaty and one country, Malawi, had ratified it. The treaty will enter into force three months following ratification or accession by 15 parties.^[10]

Riyadh Design Law Treaty

In 2022, the WIPO General Assembly also approved a second diplomatic conference, on a proposed Design Law Treaty. This diplomatic conference took place in Riyadh, Saudi Arabia, 11-22 November 2024, and resulted in the Riyadh Design Law Treaty, which was adopted by WIPO Member States by consensus.^[11]

While the Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge aims to increase transparency in the patent application process, the Design Law Treaty aims to streamline and harmonize the process by which applicants apply for design protection, making it easier and less expensive to secure intellectual property protection for industrial designs. WIPO defines “industrial designs” as “the ornamental or aesthetic aspect of an article”, and examples include designs for furniture, fashion, and jewelry, as well as things like the shape and appearance of the iPhone.^[12]

The Design Law Treaty streamlines registration by establishing a “closed list” of what a Member State party can require in its design applications. The issue of concern for Indigenous Peoples and many Member States was whether this closed list would include disclosure of a design’s utilization of traditional knowledge, traditional cultural expressions or genetic resources. Following intensive negotiation on the issue, disclosure of traditional knowledge and traditional cultural expressions was included in Article 4(2) of the treaty as one of the indications or elements that may be required in a design application. While genetic resources are not expressly mentioned, under Article 4(2) parties may still require disclosure related to genetic resources if relevant to the registration of the industrial design under national law.

There was no Indigenous Caucus at the Design Law Treaty diplomatic conference and no funding for Indigenous participation. As of December 2024, 18 WIPO Member States had signed the treaty but, as yet, there are no ratifications. The treaty will come into force three months following ratification or accession by 15 parties.^[13] 

IGC 48 and IGC 49

In addition to the two diplomatic conferences, WIPO also held two IGC sessions during 2024. The sessions were held back-to-back on 29 November (IGC 48) and from 2-6 December 2024 (IGC 49).^[14] Approximately 25 to 30 Indigenous representatives participated in the sessions, via in-person and virtual participation. Due to the complete depletion of the WIPO Voluntary Fund, no Indigenous representatives were funded to attend either of the sessions.

IGC 48

IGC 48 was a one-day session held to take stock of the progress made during the May 2024 diplomatic conference on genetic resources and associated traditional knowledge. As the diplomatic conference successfully concluded with the adoption of the new Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, IGC 48 was a short session consisting mostly of statements by Member States celebrating this achievement. The WIPO Secretariat organized an Indigenous Caucus meeting the day prior to the session. During the session, the Caucus delivered an intervention urging all Member States to sign and ratify the new treaty.

IGC 49

IGC 49 marked the IGC’s resumption of negotiations on legal instruments for the protection of traditional knowledge and traditional cultural expressions. There are two official texts presently under negotiation at the IGC – one on traditional knowledge and one on traditional cultural expressions.^[15] In addition, the former IGC Chair, Lilyclaire Bellamy, prepared an unofficial “Chair’s Text”, which addresses protections for traditional knowledge and traditional cultural expressions in a single instrument.^[16]

Under the methodology adopted for the session, the Committee reviewed every article of each of the two official texts, and Member States offered any text proposals they wanted for inclusion. Supporters of this working methodology described it as an inclusive process capturing diverse views and positions, while others complained that it was contrary to the IGC’s mandate as it widened instead of narrowing gaps in positions. In the end, Member States did not reach agreement on forwarding the revised texts as the basis for further negotiations at the next IGC session. At IGC 50, negotiations will begin with the same texts that were the starting texts for IGC 49. Notably, there was also a push by some Member States for the “Chair’s Text” be used as the basis for negotiations at IGC 50.

In another development of note, the Russian Federation submitted a proposal for reviewing the Non-­Governmental Organizations admitted as Observers to the IGC, seeking to require them to submit documentation confirming their existence in the jurisdiction of a Member State.^[17] Various Indigenous representatives and Member States expressed concerns and Member States postponed discussion of the proposal to IGC 50.

The WIPO Secretariat organized an Indigenous Caucus meeting the day prior to the session, and the Caucus met daily throughout, including in meetings with the IGC Chair and Co-Chair and Regional Groups. An Indigenous Panel entitled “Intellectual Property and Traditional Medical Systems: A Path to Protection” was held the opening day of the session. 

WIPO Photography Prize for Indigenous Youth 

Recognizing the power of Indigenous photography, WIPO has instituted an annual Photography Prize for Indigenous Youth.^[18] In its third iteration, the 2024 Photography Prize was themed Indigenous Peoples’ Ways of Healing and Well-Being: Honoring Our Ancestors’ Wisdom and Knowledge. Indigenous youth aged 18-35 years submitted photographs portraying the interconnection between Indigenous Peoples’ lifestyles, beliefs and cultures and their health and well-being. Information on the 2024 prize winners and photos are available on the WIPO website.^[19]

Looking forward

Negotiations on traditional knowledge and traditional cultural expressions will continue at IGC 50, 3-7 March 2025, and IGC 51, 30 May - 5 June 2025. ^[20] IGC 51 will also include a stock take of progress made by the IGC and negotiation of the proposed 2026-2027 IGC mandate and work program for consideration by the WIPO General Assembly.

Sue Noe is a Senior Staff Attorney with the Native American Rights Fund (NARF), located in Boulder, CO, USA. NARF is the oldest and largest non-profit law firm in the USA representing Native American tribes. Sue has attended IGC sessions since IGC 34 (June 2017) and served on the Indigenous Panel for IGC 36 and IGC 45. She can be reached by email at This email address is being protected from spambots. You need JavaScript enabled to view it..

This article is part of the 39^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here

Notes and references

^[2] “Traditional Knowledge.” WIPO, https://www.wipo.int/tk/en/tk/. Because the term “traditional knowledge” can be somewhat misleading, as it implies antiquity, many Indigenous activists, in their international advocacy in multilateral processes, prefer to refer simply to the “knowledge of Indigenous Peoples” or “Indigenous knowledge”. In the WIPO negotiations, Indigenous representatives emphasize that traditional knowledge is not confined to ancient knowledge but includes new and evolving Indigenous knowledge.

^[3] “Traditional Cultural Expressions.” WIPO, https://www.wipo.int/tk/en/folklore/.

^[4] “Genetic Resources.” WIPO, https://www.wipo.int/tk/en/genetic/. Genetic resources found in nature are not creations of the mind and thus are not intellectual property. Intellectual property issues are, however, associated with genetic resources, for example in the case of inventions utilizing genetic resources or where traditional knowledge is associated with the use of genetic resources.

^[5] See The Indigenous World 2019, April 2019, at 651-658; The Indigenous World 2020, April 2020, at 770-776; The Indigenous World 2021, April 2021, at 805-813; The Indigenous World 2022, April 2022, at 830-837; The Indigenous World 2023, April 2023, at 703-711; and The Indigenous World 2024, April 2024, at 669-677.

^[6] The IGC operates under two-year mandates, renewed biennially by the WIPO General Assembly. The 2024-2025 mandate directs the IGC to continue its work on the protection of genetic resources, traditional knowledge and traditional cultural expressions with the aim of finalizing agreements on international legal instruments to ensure protection of traditional knowledge and traditional cultural expressions, while continuing to discuss intellectual property issues concerning genetic resources as they relate to the IGC’s mandate. See https://www.wipo.int/documents/d/igc/docs-en-igc-mandate-2024-2025.pdf.

^[7] The 2022 General Assembly decision and preparatory meetings for the diplomatic conference are discussed in The Indigenous World 2024, April 2024, at 672-674.

^[8] The treaty text is available at https://www.wipo.int/edocs/mdocs/tk/en/gratk_dc/gratk_dc_7.pdf. Additional background and related information is available at https://www.wipo.int/en/web/traditional-knowledge/wipo-treaty-on-ip-gr-and-associated-tk.

^[9] Under Article 7, the treaty is to be implemented “in a mutually supportive manner” with other relevant international agreements. The WIPO Traditional Knowledge Division maintains a database of various national and regional laws, treaties and regulations on the protection of traditional knowledge, traditional cultural expressions and genetic resources. See https://www.wipo.int/tk/en/legal_texts/.

^[10] An active list of signatories and ratifications/accessions is available at https://www.wipo.int/export/sites/www/treaties/en/docs/pdf/gratk.pdf. For more information on legal aspects following adoption of the treaty see https://www.wipo.int/export/sites/www/tk/en/docs/faqs-gratk-treaty.pdf.

^[11] The treaty text and associated regulations are available at DLT/DC/26.

^[12] See https://www.wipo.int/en/web/designs/faq-industrial-designs.

^[13] An active list of signatories and ratifications/accessions is available at https://www.wipo.int/export/sites/www/treaties/en/docs/pdf/rdlt.pdf.

^[14] Recordings of the sessions are available on the WIPO Webcast (https://webcast.wipo.int/home) and all session documents are available at https://www.wipo.int/meetings/en/topic.jsp?group_id=110.

^[15] The official texts are available at WIPO/GRTKF/IC/49/4 and WIPO/GRTKF/IC/49/.

^[16] The Chair’s text is available at wipo_grtkf_ic_47_chairs_text.pdf.

^[17] See WIPO/GRTKF/IC/49/.

^[18] See https://www.wipo.int/web/wipo-magazine/articles/photography-indigenous-cultures-and-climate-action-42552.

^[19] See Winners unveiled for the WIPO Photography Prize for Indigenous Youth 2024.

^[20] See https://www.wipo.int/documents/d/igc/docs-en-igc-provisional-schedule-2025.pdf.

Tags: Global governance, Cultural Integrity , International Processes