The disclosure of origin regime in International Intellectual Property Law

Abstract In 2024, the World Intellectual Property Organization (WIPO) adopted two landmark treaties, the Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK Treaty) and the Riyadh Design Law Treaty (DLT), that collectively advance the international legal framework for protecting genetic resources (GRs), traditional knowledge (TK), and traditional cultural expressions (TCEs). The GRATK Treaty, negotiated by WIPO's Intergovernmental Committee on IP and GRs, TK, and Folklore, primarily focuses on IP and Indigenous peoples' interests through its mandatory disclosure of origin requirement for patent applications. The DLT, while focused on procedural aspects of design law and negotiated in a different WIPO committee, introduces optional disclosure mechanisms relevant to TK and TCEs. These treaties signal the emergence of a “disclosure of origin requirement” regime in international intellectual property law. However, key flaws embedded in the texts of these treaties undermine the aims of enhancing transparency, promoting equitable benefit‐sharing, and safeguarding the interests of Indigenous peoples and local communities.