This book recounts the colourful and eventful journey to the landmark WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, from the proposal for a new patent disclosure requirement in 1999 to the adoption of the Treaty 25 years later. Offering a first-person account from his unique position as having been a Director at WIPO and responsible for the negotiations for many years, Wend Wendland analyzes the Treaty and its negotiating history, lifting the curtain on how, against the odds, its adoption by consensus was achieved.
The book highlights the key individuals involved in the process and provides detailed insight into the negotiations methodology. It underlines the importance of the changes within the patent system made by the Treaty to combat biopiracy and reflects on the historic influence of developing countries and Indigenous Peoples advocating for decades for these protections for their traditional knowledge and genetic resources, and how this led eventually to the Treaty's adoption. Finally, the book looks ahead to consider the expectations surrounding the coming into force of the Treaty and assesses if and how it will achieve its objectives.
Patent office officials, IP negotiators and policymakers, IP counsel, and governmental relations executives will benefit from this book's crucial insights. It is also a unique resource for Indigenous Peoples organizations, as well as the staff of intergovernmental organizations and scholars and students of multilateral negotiations, intellectual property law, environmental law and public international law.
Rezensionen / Stimmen
'The Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge responds to a more than 20 years long demand from developing countries. This book makes a unique contribution in analysing the debates and different positions on this complex issue but also in showcasing the challenges of contemporary treaty making.' -- Carlos Correa, Executive Director, South Centre, Geneva, Switzerland 'Without Wend Wendland's persistent but modest oversight of the negotiating process, I doubt there would have been a Treaty. Most of us had long given up. Wend stayed the course. This account offers the perfect insider perspective, and provides crucial lessons on what patient and polite diplomacy can achieve.' -- Graham Dutfield, University of Leeds, UK 'This book is a masterful reflection from someone who has shown extraordinary staying power, deep intelligence, and rare diplomatic skill in navigating one of the most complex negotiations in international intellectual property law. Over 25 years, Wend Wendland played a pivotal role in shaping the World Intellectual Property Organization's work on traditional knowledge and traditional cultural expressions, culminating in the adoption of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge in 2024. Wend doesn't seek the spotlight. He has worked steadily and thoughtfully behind the scenes, guiding deliberations, listening deeply, and bringing together diverse perspectives across legal, political, and cultural divides. I have known him throughout this journey. His ability to hold space for the range of interests including Indigenous traditional knowledge holders and developed countries, to interpret the evolving landscape with clarity and empathy, and to advance respectful dialogue has earned him wide respect. Now that he has departed from WIPO, his legacy is embodied in this book and the Treaty. I was there when the text of the Treaty was adopted. It was a moment of collective achievement after decades of negotiation. It was a triumph for multilateralism and a long-awaited recognition of Indigenous Peoples within the global IP system. The Treaty introduces a mandatory disclosure requirement and affirms the value of genetic resources and associated Traditional Knowledge. These are areas long absent from foundational IP treaties like the Berne Convention. Wend offers valuable insights into this trajectory, from the early years shaped by the Convention on Biological Diversity and the Nagoya Protocol, through to the realisation that benefit-sharing would not be possible without fairness in the jurisdictions where research and innovation take place. He chronicles how the IGC moved from technical groundwork and policy scoping to a forum that gradually recognised Indigenous Peoples as legitimate voices with rights and authority. This book is essential reading for lawyers, diplomats, policy-makers, and Indigenous advocates. It goes beyond a technical account. This is a story of diplomacy, persistence, and principled leadership. Wend shows us how meaningful change in international law is built: through humility, dialogue, and long-term vision.' -- Dr Terri Janke, Terri Janke and Company Pty Ltd, Australia 'A compelling and accessible account of the diplomatic journey behind a landmark intellectual property treaty. Essential reading for anyone engaged in the dynamics of international policymaking and cross-cultural negotiation, the governance of genetic resources and traditional knowledge, and global equity.' -- Daniel Kraus, Neuchatel University, Switzerland 'Wend Wendland is uniquely positioned to write this book. It takes someone very smart, with a big heart, great patience, and unwavering persistence to get an important treaty on genetic resources across the goal line. His story gives you the appreciation of what it takes to have great accomplishments and insights on how you can do the same. I highly recommend.' -- Scott Frank, Chair and President, Global IP Alliance, USA 'Given long-standing opposition of certain developed countries and the biopharmaceutical industry to adopting a disclosure of origin requirement for patent applications on inventions from CBD genetic resources, it is remarkable that WIPO was finally able to conclude the compromise GRATK Treaty. Wend Wendland, who was both central to that success and intimately involved in the processes leading up to it, is perhaps the only person capable of telling the complete story of how the treaty was created and adopted. Wendland not only provides a detailed historical account, but identifies the concerns that delayed adoption, required compromises, and that may continue to resist full implementation.' -- Joshua D. Sarnoff, DePaul University College of Law, USA
Wend Wendland, Adjunct Professor, Faculty of Law, University of Cape Town, South Africa
Contents
Foreword
Foreword
1 What the treaty (and this book) are about
2 The genesis of the treaty: origins and context
3 A draft treaty emerges: the WIPO IGC'S negotiations
4 A diplomatic conference is convened and preparations begin
5 The diplomatic conference
6 The treaty: what it says and what it means
7 Future prospects and next steps
WIPO Treaty on Intellectual Property, Genetic Resources and
Associated Traditional Knowledge
