Australia signs the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge: what do you need to know?

Australia has signed the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (Treaty). The Treaty requires patent applicants to identify the origin of genetic resources and traditional knowledge used in the development of their invention. It has been signed by Australia and 43 other countries, and it will enter into force after being ratified by 15 member states. As of 13 June 2025, Malawi is the only country to have ratified the Treaty. 

In its previous term, the Albanese Government announced that it would implement the Treaty domestically and take steps to provide increased protections of traditional knowledge. One step towards this is the Australia – WIPO Bushfoods Pilot which allows the government to work with representatives from Australia’s Indigenous bushfoods sector to co-design and build IP management tools and resources to support First Nations communities. With the re-election of a Labor government, Australia may see the domestic implementation of the Treaty in the coming year.

Importance of the Treaty

The Treaty increases transparency around the patent application process and protects traditional knowledge and methods that would not be protected by intellectual property laws. However, it does not create new intellectual property rights for traditional knowledge or genetic resources.

What must applicants do once the Treaty is implemented?

• For inventions based on genetic resources, applicants must disclose the country of origin of the resources, or where this information is unknown, the source of the genetic resources.
• In patent applications based on traditional knowledge associated with genetic resources, applicants must disclose the First Nations peoples or local community who provided the traditional knowledge, or if this is unknown, the source of the traditional knowledge.

Where an applicant is unaware of any of the above, they can make a declaration affirming that the content of the declaration is true and correct to the best of their knowledge. 

Sanctions and remedies under the Treaty

The Treaty requires member states to implement appropriate, effective and proportional measures to address failures to provide disclosure. Applicants will be provided with an opportunity to rectify failures to disclose prior to sanctions or remedies being imposed, unless they were fraudulent. However, a patent will not be invalidated solely because an applicant failed to disclose information.

How can First Nations communities prepare?

The Treaty encourages parties to establish databases of genetic resources and traditional resources in consultation with First Nations communities. First Nations communities may prepare by forming their own databases and considering how they will limit access to these resources. 

Next steps

If you have any questions about how the Treaty will affect you, please contact our Intellectual Property team.