The WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK Treaty) was adopted on 24 May 2024. The treaty introduces a mandatory patent disclosure requirement, which stipulates that patent applicants must disclose the country of origin of the genetic resources, as well as the indigenous peoples or local communities that provided the associated traditional knowledge, if the claimed inventions are based on these resources and knowledge.

The new agreement aims to make the patent system more effective, transparent and high-quality when it comes to genetic resources and traditional knowledge.

The disclosure requirement is intended to help combat biopiracy by ensuring that traditional knowledge and genetic resources are not used unlawfully.

As of 16 May 2025 the following 42 countries have signed the treaty:

Algeria, Australia, Bosnia and Herzegovina, Brazil, Burkina Faso, Cabo Verde, Central African Republic, Chile, Colombia, Congo, Côte d’Ivoire, Democratic People’s Republic of Korea, Dominican Republic, Eswatini, Gambia, Ghana, Indonesia, Iran (Islamic Republic of), Lesotho, Madagascar, Malawi, Marshall Islands, Morocco, Namibia, Nicaragua, Niger, Nigeria, Niue, Paraguay, Peru, Saint Vincent and the Grenadines, Sao Tome and Principe, Senegal, South Africa, Switzerland, Togo, Uganda, United Republic of Tanzania, Uruguay, Vanuatu, Zambia, Zimbabwe

Switzerland as one of the signatory states does not need to enact any new legislation to implement the WIPO regulations, as the existing provisions in Art. 49a (in force since 1 July 2008) of the Swiss Patent Act are already compatible with the new treaty :

Information on the source of genetic resources and traditional knowledge
Art. 49a (Swiss Patent Act)

1. The patent application must contain information on the source:
1. of the genetic resource to which the inventor or the patent applicant had access, provided the invention is directly based on this resource;
2. of traditional knowledge of indigenous or local communities of genetic resources to which the inventor or the patent applicant had access, provided the invention is directly based on this knowledge.
2. If the source is unknown to the inventor or the patent applicant, the patent applicant must confirm this in writing.

If you are interested in Intellectual Property, Genetic Resources and Associated Traditional Knowledge in Switzerland, Europe or beyond, please do not hesitate to contact us.