WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge*
By Johan Axhamn** and Patrick Andersson***
1. Introduction
Between 13 and 24 May 2024, a Diplomatic Conference was held at the headquarters of the World Intellectual Property Organization (WIPO) in Geneva to finalise negotiations on a treaty containing provisions for a mandatory requirement for the disclosure of origin of genetic resources (GRs) and associated traditional knowledge (ATK) in patent applications.[fn]* Any opinions and speculation expressed in the article are the authors’ own. This article is a slightly updated and English version of an article previously published in NIR 3/2024. Translation has been provided by Nathan Large.** Johan Axhamn is a Doctor of Laws, Associate Professor and Senior Lecturer in Business Law at Lund University. Since 2009, he has represented Sweden in certain negotiations in the EU and WIPO under a special mandate. In WIPO, this has included negotiations in WIPO’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (the IGC). For an elaboration on some of these matters, see the article authored by Axhamn in this issue (3/2025) of NIR. During the Diplomatic Conference, Axhamn was deputy head of the Swedish delegation.*** Patrick Andersson is a patent engineer at the Swedish Intellectual Property Office. He has represented Sweden in the IGC since the turn of the millennium and took part in the Diplomatic Conference as an expert in the Swedish delegation.See https://www.wipo.int/diplomatic-conferences/en/genetic-resources/. While the outcome was successful in many respects for the EU and Swedish interests, a matter concerning EU voting rights did not turn out favourably. This issue will be revisited in future negotiations in WIPO. In connection with the so-called countersigning (initialling)[fn]In diplomacy, countersigning (initialling) is used to certify that the text of an international treaty is authentic and final. that took place on the final day of negotiations, several delegations chose to sign the agreement. As far as is known, it was not signed by any EU Member State – nor by the European Commission, which had not been authorised by the Council to do so.
The Diplomatic Conference was attended by a total of 176 delegations representing WIPO Member States, one special delegation, as well as 15 intergovernmental organisations and 72 non-governmental organisations as observers. Sweden was represented by the head of delegation, Anna Jardfelt, Ambassador at the Swedish Representation in Geneva (now Director General of the Swedish Intellectual Property Office), and delegates Johan Ekerhult, Counsellor at the Swedish Representation, Johan Axhamn representing the Swedish Ministry of Justice Division of Intellectual Property and Transport Law (Ju/L3), and Patrick Andersson from the Swedish Intellectual Property Office (PRV). Also taking part in the Swedish delegation was Elizabeth Johansson, an intern at the Swedish Representation in Geneva.
