Genetic resources and the associated traditional knowledge of indigenous peoples and local communities are important components of biodiversity. They can serve as a starting point for innovations in different areas. For example, traditional knowledge about the healing properties of a particular plant can facilitate the research and development of new medicinal substances. Genetic resources and traditional knowledge also play an important role in innovation in the fields of cosmetics, food and agriculture, and biotechnology. Patentable inventions can therefore also be based on such resources or knowledge.  

Under the Convention on Biological Diversity, all countries have sovereign rights over their natural resources and therefore also the right to regulate access to their own genetic resources. Hence, biodiversity-rich countries in the southern hemisphere and indigenous peoples had for years been calling for the origin of genetic resources and traditional knowledge to be disclosed in patent applications. Other reasons for this transparency measure are to prevent ‘biopiracy’ and make it easier to share the benefits arising from the utilization of these resources.

The new WIPO treaty  contains rules on what form the disclosure requirement for genetic resources and associated traditional knowledge must take in patent applications. It determines what information on genetic resources and traditional knowledge must be disclosed and what measures can be taken if the parties applicants fail to comply with this requirement.

Switzerland has already had a disclosure requirement for genetic resources and associated traditional knowledge in patent applications since 2008 (Art. 49a Patents Act ), which is compatible with the new WIPO treaty. Implementing the WIPO treaty will thus not require any legislative changes in Switzerland. Once it has been signed, the Swiss Federal Institute of Intellectual Property (IPI) will prepare a draft dispatch for the Federal Assembly by the end of 2026 and submit it to the Federal Council. 

• Media release from 19.02.2025 (German, French and Italian)
• More on the topic of genetic resources and traditional knowledge
• Official WIPO webpage on the new treaty