GENEVA - Malawi has become the first nation to ratify the World Intellectual Property Organization (WIPO) Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, the first WIPO Treaty to address the interface between intellectual property, genetic resources and traditional knowledge, according to the official website of WIPO. 

So far, 38 WIPO member states have signed the Treaty PDF, signatories of the GRATK Treaty, which was adopted on May 24, 2024, at a diplomatic conference organized by WIPO in Geneva. Signing a treaty shows the intent to pursue ratification. Signing alone does not make the treaty legally binding. Ratification is the process by which a country formally consents to be bound by the Treaty. Upon ratification, the treaty becomes legally binding for the country that ratifies it, provided that it has entered into force.

The Treaty will take effect after 15 instruments of ratification or accession are presented to WIPO. Following a decision to become bound by a treaty, a State deposits an instrument of ratification or accession with the depositary (in this case the Director General of WIPO) and, if necessary, takes steps to enact legislation to implement the Treaty. Malawi was first to ratify the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge through the deposit of an instrument of ratification.

“Congratulations to Malawi on being the first country to ratify this historic WIPO Treaty. We hope that other countries will follow Malawi and join the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge – the first ever WIPO Treaty to include provisions specifically for Indigenous Peoples as well as local communities - so that it comes into force quickly and its tangible benefits can start to be felt”, WIPO Director General Daren Tang said.

“The conclusion of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge in May this year marked a momentous and historic step towards making the intellectual property system more balanced and inclusive. This Treaty will make the intellectual property system more relevant to our people and local communities. Malawi was therefore eager to ratify this important Treaty and I am proud that our country is the first to deposit its instrument of ratification”, Malawi’s Minister of Justice Titus Mvalo said.