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WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

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The WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge or GRATK Treaty is an international legal instrument to combat biopiracy through disclosure requirements for patent applicants whose inventions are based on genetic resources and/or associated traditional knowledge .

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104-541: The treaty was concluded at the headquarters of the World Intellectual Property Organization (WIPO) in Geneva , Switzerland , on 24 May 2024, after more than two decades of previous developments by WIPO's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC). The treaty was deemed "historic in many regards" by some observers, qualified by

208-598: A natural person or a legal entity , which is a national, is domiciled or has a company in the territory of a member of the Madrid System. The Lisbon System for the International Registration of Appellations of Origin and Geographical indications provides a means of obtaining international protection for a geographical indication or an appellation of origin. Geographical indications and appellations of origin are intellectual property rights which identify

312-620: A Secretariat that helps carry out its day-to-day activities. Headquartered in Geneva , Switzerland, WIPO has "external offices" around the world, including in Algiers (Algeria); Rio de Janeiro (Brazil); Beijing (China), Tokyo (Japan); Abuja (Nigeria); Moscow (Russia); and Singapore (Singapore). Unlike most UN organizations, WIPO does not rely heavily on assessed or voluntary contributions from member states; 95 percent of its budget comes from fees related to its global services. WIPO currently has 193 member states , including 190 UN member states and

416-620: A colony in New Mexico. However, the heartland of the Spanish colonies remained New Spain (including Mexico and most of Central America) and Peru (including most of South America). In the 17th century, French, English and Dutch trading posts multiplied in northern America to exploit whaling, fishing and fur trading. French settlements progressed up the St Lawrence river to the Great Lakes and down

520-725: A decision to hold the Diplomatic Conference at WIPO's headquarters in Geneva, facing the lack of alternative proposals. As explained on the website of the Diplomatic Conference: On July 21, 2022, the WIPO General Assembly decided to convene a Diplomatic Conference to conclude an International Legal Instrument Relating to Intellectual Property, Genetic Resources and Traditional Knowledge Associated with Genetic Resources no later than 2024. The Diplomatic Conference

624-517: A definition of Indigenous peoples stating that, "such a definition is not necessary for purposes of protecting their human rights." In determining coverage of Indigenous peoples, the commission uses the criteria developed in documents such as ILO Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples. The commission states that self-identification as indigenous

728-483: A deliberate strategy in defending their claims against European rivals. Although the establishment of colonies throughout the world by various European powers aimed to expand those powers' wealth and influence, settler populations in some localities became anxious to assert their own autonomy. For example, settler independence movements in thirteen of the British American colonies were successful by 1783, following

832-476: A draft Access to Knowledge (A2K) treaty which they would like to see introduced. In 2009, WIPO started drafting future treaties on intellectual property and genetic resources, traditional knowledge and folklore in relation with indigenous peoples and local communities . In December 2011, WIPO published its first World Intellectual Property Report on the Changing Face of Innovation, the first such report of

936-432: A general reference database on all IP matters; this includes providing reports and statistics on the state of IP protection or innovation both globally and in specific countries. WIPO also works with governments, nongovernmental organizations (NGOs), and individuals to utilize IP for socioeconomic development. WIPO administers 26 international treaties that concern a wide variety of intellectual property issues, ranging from

1040-578: A living body of knowledge developed, sustained and passed on from generation to generation within a community, it is not easily protected under the current IP system, which typically grants protection for a limited period to new inventions and original works as private rights. Some genetic resources , too, are linked to traditional knowledge and related practices through their use and conservation by Indigenous peoples and local communities. Although genetic resources, as encountered in nature, are not eligible for IP protection, inventions based on or developed with

1144-452: A new disclosure requirement for patent applicants whose inventions are based on genetic resources and/or associated traditional knowledge. The Treaty was concluded on 24 May 2024 and immediately opened for signature. Under the Treaty's Article 16, it is stated that the Treaty will be "open for signature at the Diplomatic Conference in Geneva and thereafter […] for one year after its adoption." At

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1248-621: A particular place – indeed how we/they came to be a place. Our/their relationships to land comprise our/their epistemologies, ontologies, and cosmologies". Indigenous peoples such as the Maasai and the Māori have oral traditional histories involving migration to their current location from somewhere else. Anthropologist Manvir Singh states that the term may lack coherence, pointing to inconsistencies in which ethnic groups are called Indigenous or not, and notes several scholars who suggest that it instead acts as

1352-685: A party to the Paris Convention for the Protection of Industrial Property (1883). The Madrid System is a centralized trademark registration system: through a single application, in one language and with one set of fees (in one currency, the Swiss franc ), protection can be obtained in member states and intergovernmental organizations. International registrations can then be modified, renewed or expanded, centrally through WIPO (rather than through each separate IP Office). The Madrid System can only be used by

1456-469: A product that originates from a specific geographical area and that has characteristics that are attributable to its geographical origin. Comté cheese (France), Chulucanas pottery (Peru), Tequila (Mexico), Porto (Portugal), Herend porcelain (Hungary), and Kampot pepper (Cambodia) are examples of appellations of origin and geographical indications registered under the Lisbon System. Through

1560-536: A relabeling of discredited and colonial ideas about "primitive" people. Singh states that some Indigenous people argue that the term and identity has resulted in pressure to appear "primordial" and "unchanging", and erases complex and modern identities. Other views It is sometimes argued that all Africans are Indigenous to Africa, all Asians are Indigenous to parts of Asia, or that there can be no Indigenous peoples in countries which did not experience large-scale Western settler colonialism. Many countries have avoided

1664-431: A revised draft, which serves as the basis for the 2024 Diplomatic Conference discussions. The Preparatory Committee also adopted Draft Rules of Procedure for the Diplomatic Conference, as well as a List of Invitees. On 13 September 2023, the committee had to suspend its session due to the absence of submission by Member States of proposals to host the Diplomatic Conference. On 13 December, the committee reconvened to adopt

1768-497: A service which assists individuals, companies, and institutions in seeking patent protection internationally for their inventions. It also helps patent offices with their patent granting decisions and facilitates public access to technical information relating to those inventions. 153 countries are currently party to the PCT. Under the PCT, an applicant can file one PCT application in one language, at one patent office, within 12 months from

1872-470: A short version of the draft (the "Chair's text") which had been drafted by Australian ambassador Ian Gross, Chair of the IGC in 2019, would be the basis for the treaty's negotiations. Prior to that decision, the text which was expected to be used as basis for the negotiations was the "Consolidated text", a more comprehensive document on which IGC Member States had been working on by consensus during years. Contrary to

1976-473: A single international application, filed in one language and using one currency (Swiss francs). International design applications are filed directly through WIPO, according to the requirements and procedures established by the Hague Agreement. The domestic legal framework of each designated contracting party governs the design protection provided by the resulting international registrations. According to

2080-628: A single registration and one set of fees, protection can be obtained in the other countries (and intergovernmental organizations, such as the European Union) covered by the Lisbon System. The Lisbon System includes the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of 1958 ('the Lisbon Agreement') and, its latest revision, the Geneva Act of

2184-481: A state, a special relationship with their traditional territory, and an experience of subjugation and discrimination under a dominant cultural model. No definition of Indigenous peoples has been adopted by a United Nations agency. The Secretariat of the Permanent Forum on Indigenous Issues states, "in the case of the concept of 'indigenous peoples', the prevailing view today is that no formal universal definition of

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2288-577: A transition for WIPO from the mandate it inherited in 1967 from BIRPI, to promote the protection of intellectual property, to one that involved the more complex task of promoting technology transfer and economic development. In 1974 WIPO became a specialized agency of the United Nations through a bilateral agreement between WIPO and the UN approved by the General Assembly of WIPO on 27 September 1974, and by

2392-537: A wide range of industrial property including patents , trademarks , utility models , industrial designs , trade names , service marks , geographical indications as well as the "repression of unfair competition ". The Paris Convention was the first international agreement to protect the works of creators in other countries. Moving on, the Convention was adopted in diplomatic conferences held in Paris in 1880 and 1883, it

2496-539: Is a fundamental criterion. The World Bank states, "Indigenous Peoples are distinct social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced." Amnesty International does not provide a definition of Indigenous peoples but states that they can be identified according to certain characteristics: Academics and other scholars have developed various definitions of Indigenous peoples. In 1986–87, José Martínez Cobo, developed

2600-656: Is an administrator of cases and a provider of legal and policy expertise. The Center also provides domain name dispute resolution services under the WIPO-designed UDRP. It is based in Geneva, Switzerland and since 2010 the Center has had an office at Maxwell Chambers in Singapore. The WIPO Hague System for the International Registration of Industrial Designs provides an international mechanism for securing protection of up to 100 designs in multiple countries or regions, through

2704-402: Is no generally accepted definition of Indigenous peoples in the United Nations or international law. Various national and international organizations, non-government organizations, governments, Indigenous groups and scholars have developed definitions or have declined to provide a definition. As a reference to a group of people, the term "indigenous" was first used by Europeans to differentiate

2808-428: Is not determined by Western colonization. The rights of Indigenous peoples are outlined in national legislation, treaties and international law. The 1989 International Labour Organization (ILO) Convention on Indigenous and Tribal Peoples protects Indigenous peoples from discrimination and specifies their rights to development, customary laws, lands, territories and resources, employment, education and health. In 2007,

2912-769: The American Revolutionary War . This resulted in the establishment of the United States of America as an entity separate from the British Empire . The United States continued and expanded European colonial doctrine through adopting a version of the discovery doctrine as law in 1823 with the US Supreme Court case Johnson v. McIntosh . Statements at the Johnson court case illuminated the United States' support for

3016-550: The Consolidated text which addressed traditional knowledge and traditional cultural expressions as such, and different forms of intellectual property, the Chair's text focused only on genetic resources and the patent system . In August 2023, India submitted a proposal with a series of amendments to the Chair’s text , aiming to add back some elements from the Consolidated text in

3120-573: The Cook Islands , Holy See and Niue ; Palestine has permanent observer status. The only non-members, among the countries recognized by the UN are the Federated States of Micronesia , Palau and South Sudan . The Paris Convention for the Protection of Industrial Property was adopted in 1883 and was one of the first intellectual property treaties . It established a Union for the protection of industrial property. Additionally, it applies to

3224-732: The GATT Negotiations in the 1980s. In October 2004, WIPO agreed to adopt a proposal offered by Argentina and Brazil , the "Proposal for the Establishment of a Development Agenda for WIPO"—from the Geneva Declaration on the Future of the World Intellectual Property Organization . This proposal was well supported by developing countries. The agreed "WIPO Development Agenda" (composed of over 45 recommendations)

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3328-851: The Indigenous Caucus as a "first step towards guaranteeing just and transparent access to these resources." The IGC was established in 2001 by the General Assembly of WIPO . Since 2010, the mandate of the IGC has remained that of concluding a consensual text which would bridge the gaps between the numerous existing international legal instruments provide some, but insufficient protection on either traditional knowledge , traditional cultural expressions , or genetic resources ( UNDRIP , Convention on Biological Diversity , Nagoya Protocol , FAO plant treaty , UNESCO conventions on culture and intangible heritage, etc.), none of which include explicit protections for indigenous peoples and local communities . IGC's negotiations were suspended in 2020 because of

3432-534: The UN General Assembly on 17 December 1974. A protocol was signed by then Secretary-General of the United Nations, Kurt Waldheim and then Director General of WIPO Árpád Bogsch on 21 January 1975. The Agreement became effective on 17 December 1974. The relative importance of WIPO in global IP governance decreased after the United States incorporated intellectual property matters into the Uruguay Round of

3536-593: The United Nations Working Group on Indigenous Populations (WGIP) was on 9 August 1982 and this date is now celebrated as the International Day of the World's Indigenous Peoples . In the 21st century, the concept of Indigenous peoples is understood in a wider context than only the colonial experience. The focus has been on self-identification as indigenous peoples, cultural difference from other groups in

3640-603: The Wikimedia Foundation from observer status at WIPO citing the existence of a Wikimedia affiliate in Taiwan . According to the Chinese statement "there is reason to believe that this foundation has been carrying out political activities through its member organizations which could undermine the state's sovereignty and territorial integrity." China again rejected Wikimedia's bid, for the same reason, in 2021, 2023, and 2024. WIPO,

3744-507: The 10th century, however, the majority of the population of north Africa spoke Arabic and practiced Islam. From 1402, the Guanche of the Canary Islands resisted Spanish attempts at colonization. The islands finally came under Spanish control in 1496. Mohamed Adhikari has called the conquest of the islands a genocide . Early 15th-century Portuguese exploration of the west coast of Africa

3848-556: The 17th and 18th centuries, had extensive contact with Europeans when the continent was progressively colonized by the British from 1788. During colonization, the Aboriginal people experienced depopulation from disease and settler violence, dispossession of their land, and severe disruption of their traditional cultures. By 1850, indigenous peoples were a minority in Australia. From the 15th to

3952-632: The 19th centuries, European powers used a number of rationales for the colonization of newly encountered lands populated by indigenous peoples. These included a duty to spread the Gospel to non-Christians, to bring civilization to barbarian peoples, a natural law right to explore and trade freely with other peoples, and a right to settle and cultivate uninhabited or uncultivated land which they considered terra nullius ("no one's land"). Robert J. Miller, Jacinta Ruru, Larissa Behrendt and Tracey Lindberg argue that European powers rationalized their colonization of

4056-607: The 21st century, Indigenous groups and advocates for Indigenous peoples have highlighted numerous apparent violations of the rights of Indigenous peoples. Indigenous is derived from the Latin word indigena , meaning "sprung from the land, native". The Latin indigena is based on the Old Latin indu "in, within" + gignere "to beget, produce". Indu is an extended form of the Proto-Indo-European en or "in". There

4160-460: The 24 May in the afternoon, at the WIPO headquarter in Geneva. This is the first WIPO Treaty to address the interface between intellectual property, genetic resources and traditional knowledge and the first WIPO Treaty to include provisions specifically for Indigenous Peoples as well as local communities. The Treaty, once it enters into force with 15 contracting parties, will establish in international law

4264-539: The Aztec Empire and its fall. The Cempoalans, Tlaxcalans and other allies of the Spanish were given some autonomy, but the Spanish were de facto rulers of Mexico. Smallpox devastated the indigenous population and aided the Spanish conquest. In 1530, the Spanish sailed south from Panama to the lands of the Inca Empire in the west of South America. The Inca, weakened by a smallpox epidemic and civil war, were defeated by

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4368-509: The Bahamas and Cuba, leading to a severe decline in the Indigenous populations from disease, malnutrition, settler violence and cultural disruption. In the 1520s, the peoples of Mesoamerica encountered the Spanish who entered their lands in search of gold and other resources. Some indigenous peoples chose to ally with the Spanish to end Aztec rule. The Spanish incursions led to the conquest of

4472-697: The Berne Convention and later became part of BIRPI and later WIPO. In 1891 nine of the 14 States to the Paris Convention for the Protection of Industrial Property created the first "special arrangements for the protection of industrial property". Along with the Protocol Relating to the Madrid Agreement (1989) it created the Madrid System, the primary international system for facilitating the registration of trademarks in multiple jurisdictions around

4576-542: The Berne Convention, Paris Convention or a member of the United Nations system including the United Nations, any of its specialized agencies, the International Atomic Energy Agency or the International Court of Justice. That date is commemorated annually as World Intellectual Property Day , which raises awareness of the importance of IP. Under Article 3 of this convention, WIPO seeks to "promote

4680-466: The Contracting States must be given the same protection in each of the other Contracting States (principle of "national treatment"), that there is automatic protection and no formal process is required and that protection under the convention is independent of protection in the country of origin of the work (principle of "independence" of protection). The "International Bureau" was created to oversee

4784-609: The French. The indigenous inhabitants of the Hawaiian Islands first encountered Europeans in 1778 when Cook explored the region. Following increasing contact with European missionaries, traders and scientific expeditions, the indigenous population fell before their lands were annexed by the United States in 1893. The Māori of New Zealand also had sporadic encounters with Europeans in the 17th and 18th centuries. Following encounters with Cook's exploration parties in 1769–70, New Zealand

4888-654: The Hague System for the International Registration of Industrial Designs and the Marrakesh Treaty (which increases the accessibility of publications to people with visual impairment), before the commencement of the Beijing Olympic Winter Games. The accession will take effect on 5 May 2022. China became the 68th contracting party to the Geneva Act (1999) of the Hague Agreement and, therefore, the 77th member of

4992-547: The Hague System. WIPO, unlike other UN agencies, derives most of its income from fees for the Global IP services it provides as opposed to Member States contributions. In 2020, WIPO's revenue amounted to CHF 468.3 million. In 2020 WIPO generated over 94.3% of its revenue from fees that are paid by users of its intellectual property services for patents, trademarks and industrial designs due to international demand for intellectual property titles. These services are provided through

5096-500: The Indigenous peoples of the Americas from enslaved Africans. The first known use was by Sir Thomas Browne in 1646, who wrote "and although in many parts thereof there be at present swarms of Negroes serving under the Spaniard , yet were they all transported from Africa , since the discovery of Columbus ; and are not indigenous or proper natives of America ." In the 1970s, the term

5200-541: The International Registration of Marks serves as a means to seek protection for trademarks worldwide, in over 120 countries. Created in 1891, the Madrid System is now governed by the Madrid Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (1989). In order to become a member of the Madrid System, a state or intergovernmental organization must already be

5304-708: The Lisbon Agreement on Appellations of Origin and Geographical Indications of 2015 ('the Geneva Act') form the Lisbon System. Registrations under the Lisbon System are published in the official bulletin and can be searched through the Lisbon Express Database. The WIPO Arbitration and Mediation Center was established in 1994 as an international resource for alternatives to court litigation of intellectual property and technology disputes. It offers alternative dispute resolution (ADR) options including mediation, arbitration, and expert determination to resolve international commercial disputes between private parties. It

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5408-614: The Member States of WIPO meet in ordinary or extraordinary sessions in autumn. The General Assembly appoints the Director General through nomination by the Coordination Committee. Any of the policy and decision making bodies can constitute Permanent Committees or Standing Committees. Standing committees are ad hoc groups of experts established for a given purpose and acting as a place for policy discussions and negotiations on

5512-498: The Mississippi to Louisiana. English and Dutch settlements multiplied down the Atlantic coast from modern Massachusetts to Georgia. Native peoples formed alliances with the Europeans in order to promote trade, preserve their autonomy, and gain allies in conflicts with other native peoples. However, horses and new weapons made inter-tribal conflicts more deadly and the native population was devastated by introduced diseases. Native peoples also experienced losses from violent conflict with

5616-591: The New World by the discovery doctrine , which they trace back to papal decrees authorizing Spain and Portugal to conquer newly discovered non-Christian lands and convert their populations to Christianity. Kent McNeil, however, states, "While Spain and Portugal favoured discovery and papal grants because it was generally in their interests to do so, France and Britain relied more on symbolic acts, colonial charters, and occupation." Benton and Strauman argue that European powers often adopted multiple, sometimes contradictory, legal rationales for their acquisition of territory as

5720-402: The New World. In 1488, Portuguese ships rounded the Cape of Good Hope and by the 17th century, Portugal had established seaborn trading routes and fortified coastal trading posts from West Africa to India and Southern China, and a settler colony in Brazil. In 1532, the first African slaves were transported directly to the Americas. The trade in slaves expanded sharply in the 17th century, with

5824-446: The Patent Cooperation Treaty (PCT) (providing 76.6% of revenue), Madrid System (providing 16.3% of revenue) and Hague System (providing 1.4% of revenue). WIPO Assemblies develop global intellectual property agreements through bringing stakeholders together. The main policy and decision making bodies of WIPO are the Coordination Committee and the General Assembly. Twenty-two Assemblies, the Unions administered by WIPO, and other bodies of

5928-545: The Protection of Industrial Property later became part of BIRPI and later WIPO. The Berne Convention was adopted in 1886, it deals with copyright, the protection of works and rights of authors and rights holders. It provides creators including writers, poets, painters, musicians with ways to control how and by who their works are used and the terms of use. It also contains provisions on minimum protections and special provisions for developing countries. The Convention follows three basic principles; that works originating in one of

6032-449: The Protection of Intellectual Property , Bureaux internationaux réunis pour la protection de la propriété intellectuelle (BIRPI). BIRPI was the predecessor of the World Intellectual Property Organization (WIPO) which superseded it 87 years later, in 1970. WIPO was formally created by the Convention Establishing the World Intellectual Property Organization , which entered into force on 26 April 1970. WIPO allowed members who were part of

6136-420: The Spanish at Cajamarca in 1532, and the emperor Atahualpa was captured and executed. The Spanish appointed a puppet emperor and captured the Inca capital of Cuzco with the support of a number of native peoples. The Spanish established a new capital in 1535 and defeated an Inca rebellion in 1537, thus consolidating the conquest of Peru. In the 1560s, the Spanish established colonies in Florida and in 1598 founded

6240-399: The Treaty is planned to enter into force 3 months after ratification or accession by 15 countries . Signature, ratification and accession is open to any Member State of the WIPO , under the Treaty's Article 12. Countries that sign the Treaty within the first year period (until 24 May 2025) have to further ratify it in order for the Treaty to enter into force. Countries deciding to join after

6344-447: The United Nations (UN) adopted a Declaration on the Rights of Indigenous Peoples including their rights to self-determination and to protect their cultures, identities, languages, ceremonies, and access to employment, health, education and natural resources. Indigenous peoples continue to face threats to their sovereignty, economic well-being, languages, cultural heritage, and access to the resources on which their cultures depend. In

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6448-484: The World Health Organization (WHO) and the WTO launched on 11 April 2022 their new Trilateral COVID-19 Technical Assistance Platform. This new tool aims to help members and WTO accession candidates address their capacity building needs to respond to the COVID-19 pandemic . The Platform provides members and accession candidates with a single contact form which they can use to reach out to the trilateral organizations. The Patent Cooperation Treaty (PCT) (1970) established

6552-747: The World Intellectual Property Organization , WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang , former head of the Intellectual Property Office of Singapore , who began his term on 1 October 2020. WIPO's activities include: hosting forums to discuss and shape international IP rules and policies, providing global services that register and protect IP in different countries, resolving transboundary IP disputes, helping connect IP systems through uniform standards and infrastructure, and serving as

6656-400: The ancestors of the Greeks , or as an earlier group of people who inhabited Greece before the Greeks. The disposition and precise identity of this former group is elusive, and sources such as Homer , Hesiod and Herodotus give varying, partially mythological accounts. Dionysius of Halicarnassus in his book, Roman Antiquities , gives a synoptic interpretation of the Pelasgians based on

6760-445: The basis of their continued existence as peoples, in accordance with their own cultural patterns, social institutions and legal systems. Martínez Cobo states that the following factors are relevant to historical continuity: occupation of ancestral lands, or at least of part of them; common ancestry with the original occupants of these lands; cultural factors such as religion, tribalism, dress, etc.; language; residence in certain parts of

6864-404: The cases and the manner in which seizure may be requested and effected. It prohibits the use, in connection with the sale, display or offering for sale of any goods, of all indications in the nature of publicity capable of deceiving the public as to the source of the goods. It is reserved to the courts of each Contracting State to decide which appellations (other than regional appellations concerning

6968-633: The circumstances of the people would allow them to exercise. ... [This loss of native property and sovereignty rights was justified, the Court said, by] the character and religion of its inhabitants ... the superior genius of Europe ... [and] ample compensation to the [Indians] by bestowing on them civilization and Christianity, in exchange for unlimited independence. Estimates of the population of Indigenous peoples range from 250 million to 600 million. The United Nations estimates that there are over 370 million Indigenous people living in over 90 countries worldwide. This would equate to just fewer than 6% of

7072-488: The closing of the Diplomatic Conference, on 24 May 2024, the Treaty was signed by 30 countries: Algeria, Bosnia and Herzegovina, Brazil, Burkina Faso, Central African Republic, Chile, Colombia, Congo, Cote d'Ivoire, Eswatini, Ghana, Lesotho, Madagascar, Malawi, Marshall Islands, Morocco, Namibia, Nicaragua, Niger, Nigeria, Niue, North Korea, Paraguay, Saint Vincent & the Grenadines, São Tomé and Príncipe, Senegal, South Africa, Tanzania, Uruguay, and Vanuatu. Under Article 17,

7176-737: The colonists and the progressive dispossession of their traditional lands. In 1492, the population of the Americas as a whole was about 50 to 100 million. By 1700, introduced diseases had reduced the native population by 90%. European migration and transfer of slaves from Africa reduced the native population to a minority. By 1800 the population of North America comprised about 5 million Europeans and their descendants, one million Africans and 600,000 indigenous Americans. Native populations also encountered new animals and plants introduced by Europeans. These included pigs, horses, mules, sheep and cattle; wheat, barley, rye, oats, grasses and grapevines. These exotic animals and plants radically transformed

7280-404: The competence and responsibilities of the United Nations and its organs, particularly the United Nations Conference on Trade and Development, the United Nations Development Programme and the United Nations Industrial Development Organization, as well as of the United Nations Educational, Scientific and Cultural Organization and of other agencies within the United Nations system. The Agreement marked

7384-678: The convention covers: peoples in independent countries who are regarded as indigenous on account of their descent from the populations which inhabited the country, or a geographical region to which the country belongs, at the time of conquest or colonisation or the establishment of present state boundaries and who, irrespective of their legal status, retain some or all of their own social, economic, cultural and political institutions. The convention also covers "tribal peoples" who are distinguished from Indigenous peoples and described as "tribal peoples in independent countries whose social, cultural and economic conditions distinguish them from other sections of

7488-541: The country, or in certain regions of the world; and other relevant factors. In 2004, James Anaya , defined Indigenous peoples as "living descendants of pre-invasion inhabitants of lands now dominated by others. They are culturally distinct groups that find themselves engulfed by other settler societies born of forces of empire and conquest". In 2012, Tuck and Yang propose a criterion based on accounts of origin: "Indigenous peoples are those who have creation stories, not colonization stories, about how we/they came to be in

7592-411: The date of the earliest patent application which has been filed for the same invention (the "priority date"). This one PCT application has the same legal effect as filing separate regional or national patent applications in all PCT member countries. PCT applications are processed in a standardized manner as provided in the Treaty and Regulations, including an international search for documents relevant to

7696-488: The discussion. Ahead of the Diplomatic Conference, two extraordinary meetings were convened to prepare the Conference: The Special Session which took place from 4 to 8 September 2023, reviewed part of the Chair's text containing substantive articles. The Preparatory Committee which was held the week after, addressed administrative and procedural parts of the draft. Jointly, these two meetings yielded

7800-570: The exploitation of natural resources, spreading Christianity, and establishing strategic military bases, colonies and settlements. From 1492, the Arawak peoples of the Caribbean islands encountered Spanish colonizers initially led by Christopher Columbus . The Spanish enslaved some of the native population and forced others to work on farms and gold mines in a system of labor called encomienda . Spanish settlements spread from Hispaniola to Puerto Rico,

7904-524: The following "working definition" : Indigenous communities, peoples, and nations are those that, having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the societies now prevailing in those territories, or parts of them. They form at present non-dominant sectors of society and are determined to preserve, develop, and transmit to future generations their ancestral territories, and their ethnic identity, as

8008-622: The future development of intellectual property. Any WIPO Standing Committee or other bodies also decide to establish a working group to examine a question in more detail, make suggestions or give advice on any subject within the competence of the Organization. WIPO administers 26 treaties , including the WIPO Convention . Intellectual property protection treaties define internationally agreed basic standards of intellectual property (IP) protection in each country. The Agreement provides for

8112-432: The growth of international scientific networks. Indigenous peoples There is no generally accepted definition of Indigenous peoples , although in the 21st century the focus has been on self-identification, cultural difference from other groups in a state, a special relationship with their traditional territory, and an experience of subjugation and discrimination under a dominant cultural model. Estimates of

8216-467: The initial one-year period will join through "adhesion" (equivalent to both signature and ratification). World Intellectual Property Organization The World Intellectual Property Organization ( WIPO ; French: Organisation mondiale de la propriété intellectuelle ( OMPI )) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing

8320-432: The involvement of the French, Dutch and English, before declining in the 19th century. At least 12 million slaves were transported from Africa. The slave trade increased inter-tribal warfare and stunted population growth and economic development in the west African interior. Indigenous encounters with Europeans increased during the age of discovery . The Europeans were motivated by a range of factors including trade,

8424-456: The local environment and disrupted traditional agriculture and hunting practices. The indigenous populations of the Pacific had increasing contact with Europeans in the 18th century as British, French and Spanish expeditions explored the region. The natives of Tahiti had encounters with the expeditions of Wallis (1766), Bougainville (1768), Cook (1769) and many others before being colonized by

8528-551: The national community and whose status is regulated wholly or partially by their own customs or traditions or by special laws or regulations." The convention states that self-identification as indigenous or tribal is a fundamental criterion for determining the groups to which the convention applies. The UN Declaration on the Rights of Indigenous Peoples does not define Indigenous peoples but affirms their right to self-determination including determining their own identity. The Inter-American Commission on Human Rights does not provide

8632-742: The new Office of the Chief Economist. WIPO is also a co-publisher of the Global Innovation Index. In 2016, WIPO initiated the High-Level Conference on Intellectual Property for BRI Countries. WIPO Director General Francis Gurry encouraged countries participating in the Belt and Road Initiative to use WIPO tools like its global IP services and databases and to join WIPO-administered IP treaties. In September 2020 China blocked

8736-522: The pandemic of SARS-CoV-2 , and resumed in 2022. In 2022, the IGC agreed to move on to the next steps of treaty negotiation, and WIPO agreed to convene a Diplomatic Conference by 2024 to consider a draft treaty that the Committee had been working on. The selection of the draft text that had to serve as a basis for the negotiations of the final text of the treaty received some criticism from civil society observers. The 2022 WIPO General Assembly decided that

8840-506: The population of Indigenous peoples range from 250 million to 600 million. There are some 5,000 distinct Indigenous peoples spread across every inhabited climate zone and inhabited continent of the world. Most Indigenous peoples are in a minority in the state or traditional territory they inhabit and have experienced domination by other groups, especially non-Indigenous peoples. Although many Indigenous peoples have experienced colonization by settlers from European nations, Indigenous identity

8944-498: The potential patentability of the invention and international publication. Granting patents remains under the control of the regional or national patent Offices in the "national phase". Using the PCT, patent applicants can postpone paying national and regional patent-related fees while they learn about the likelihood of obtaining a patent, benefitting from the additional time and information to help them decide whether, and in which countries, to pursue patents. The Madrid System for

9048-465: The principles of the discovery doctrine: The United States ... [and] its civilized inhabitants now hold this country. They hold, and assert in themselves, the title by which it was acquired. They maintain, as all others have maintained, that discovery gave an exclusive right to extinguish the Indian title of occupancy, either by purchase or by conquest; and gave also a right to such a degree of sovereignty, as

9152-412: The protection of audiovisual works to establishing international patent classification. It is governed by the General Assembly and the Coordination Committee, which together set policy and serve as the main decision making bodies. The General Assembly also elects WIPO's chief administrator, the Director General, currently Daren Tang of Singapore, who took office on 1 October 2020. WIPO is administered by

9256-531: The protection of intellectual property throughout the world". WIPO became a specialized agency of the UN in 1974. The Agreement between the United Nations and the World Intellectual Property Organization notes in Article 1 that WIPO is responsible: for promoting creative intellectual activity and for facilitating the transfer of technology related to industrial property to the developing countries in order to accelerate economic, social and cultural development, subject to

9360-667: The rules laid out by the Hague Agreement, anyone who is a national of, or who has a domicile, habitual residence or real and effective industrial or commercial establishment in any Hague System contracting party – including any country of the European Union or the African Intellectual Property Organization – can use the Hague System. The Hague System does not require the applicant to file a national or regional design application. On 5 February 2020, China officially deposited its accession documents for entering

9464-855: The source of products of the vine) do not, on account of their generic character, come within the scope of the Agreement. The Agreement does not provide for the establishment of a Union, governing body or budget. Global protection system treaties govern WIPO's services, ensuring that one international registration or filing will have effect in any of the relevant signatory States. Classification treaties that create classification systems that organize information concerning inventions, trademarks and industrial designs. For years, many local communities, Indigenous peoples and governments have sought effective intellectual property (IP) protection for traditional cultural expressions (folklore) and traditional knowledge as tradition-based forms of ingenuity and creativity. As

9568-691: The sources available to him then, concluding that Pelasgians were Greek. In European late antiquity, many Berbers , Copts and Nubians of north Africa converted to various forms of Christianity under Roman rule, although elements of traditional religious beliefs were retained. Following the Arab invasions of North Africa in the 7th century, many Berbers were enslaved or recruited into the army. The majority of Berbers, however, remained nomadic pastoralists who also engaged in trade as far as sub-Saharan Africa. Coptic Egyptians remained in possession of their lands and many preserved their language and Christian religion. By

9672-832: The term Indigenous peoples or have denied that Indigenous peoples exist in their territory, and have classified minorities who identify as Indigenous in other ways, such as 'hill tribes' in Thailand, 'scheduled tribes' in India, 'national minorities' in China, 'cultural minorities' in the Philippines, 'isolated and alien peoples' in Indonesia, and various other terms. Greek sources of the Classical period acknowledge Indigenous people whom they referred to as " Pelasgians ". Ancient writers saw these people either as

9776-483: The term is necessary, given that a single definition will inevitably be either over- or under-inclusive, making sense in some societies but not in others." However, a number of UN agencies have provided statements of coverage for particular international agreements concerning Indigenous peoples or "working definitions" for particular reports. The International Labour Organization's (ILO) Indigenous and Tribal Peoples Convention, 1989 (ILO Convention No. 169), states that

9880-636: The total world population. This includes at least 5,000 distinct peoples. As there is no universally accepted definition of Indigenous Peoples, their classification as such varies between countries and organizations. In the Americas, Australia and New Zealand, Indigenous status is often applied unproblematically to groups descended from the peoples who lived there prior to European settlement. However, In Asia and Africa, Indigenous status has sometimes been rejected by certain peoples, denied by governments or applied to peoples who may not be considered "Indigenous" in other contexts. The concept of indigenous peoples

9984-618: The use of genetic resources may be patentable . Since 2010, the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) has been negotiating the text of one or several legal instruments on the matter. WIPO Re:Search is a public-private partnership between WIPO and the non-profit BIO Ventures for Global Health focused on early-stage medical research and development against neglected tropical diseases (NTDs), malaria and tuberculosis . It has 150 members, including eight of

10088-512: The world's largest pharmaceutical companies. WIPO Re:Search supports collaborations between scientific institutions and pharmaceutical companies all over the world with the goal to advance research for medicines, treatment methods and diagnostic techniques against the neglected tropical diseases that affect over 1 billion people worldwide. Through these collaborations as well as its fellowship program, WIPO Re:Search provides shared compound libraries, repurposing methods, capacity building and works on

10192-571: The world. The Bureaus created to administer the Berne Convention for the Protection of Literary and Artistic Works and the Paris Convention for the Protection of Industrial Property were under "the high supervision" ( haute surveillance ) of the Government of the Swiss Confederation. In 1893 the Swiss government combined them with the same director and same staff as United International Bureaux for

10296-608: Was held in Geneva, Switzerland, between 13 and 24 May 2024. During the Conference, the draft resulting from the Special Session and Preparatory Committee was discussed and amended. The final legal instrument, the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (often referred to by its acronym "GRATK") was adopted in the night of Thursday 23 to Friday 24 May 2024, and opened for signature

10400-575: Was motivated by a quest for gold and crusading against Islam. Portugal's first attempt at colonization in what is now Senegal ended in failure. In the 1470s, the Portuguese established a fortified trading post on the West coast of Africa, south of the Akan goldfields. The Portuguese engaged in extensive trade of goods for gold and, in later years, slaves for their sugar plantations in the islands off West Africa and in

10504-480: Was the culmination of a long process of transformation for the organization from one that had historically been primarily aimed at protecting the interests of rightholders, to one that has increasingly incorporated the interests of other stakeholders in the international intellectual property system as well as integrating into the broader corpus of international law on human rights, environment and economic cooperation. A number of civil society bodies have been working on

10608-454: Was then signed on 20 March 1883, on behalf of Brazil, France, Guatemala, Netherlands, Portugal, Serbia, Spain and Switzerland, Belgium, Italy and El Salvador. It consisted of the Convention proper, which contains 19 articles, and the Protocole de clôture (Final Protocol), which is almost the same length as the Convention proper. The "International Bureau" established by the Paris Convention for

10712-412: Was used as a way of linking the experiences, issues, and struggles of groups of colonized people across international borders. At this time 'indigenous people(s)' also began to be used to describe a legal category in Indigenous law created in international and national legislation. The use of the plural 'peoples' recognizes the cultural differences between various Indigenous peoples. The first meeting of

10816-509: Was visited by numerous European and North American whaling, sealing, and trading ships. From the early 19th century, Christian missionaries began to settle New Zealand, eventually converting most of the Māori population. The Māori population declined to around 40% of its pre-contact level during the 19th century; introduced diseases were the major factor. New Zealand became a British Crown colony in 1841. The Aboriginal inhabitants of Australia, after brief encounters with European explorers in

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