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E-raamat: Journey to the WIPO Treaty on Genetic Resources and Associated Traditional Knowledge: Policy, Process and People

  • Formaat: EPUB+DRM
  • Ilmumisaeg: 25-Nov-2025
  • Kirjastus: Edward Elgar Publishing Ltd
  • Keel: eng
  • ISBN-13: 9781035381753
  • Formaat - EPUB+DRM
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  • Formaat: EPUB+DRM
  • Ilmumisaeg: 25-Nov-2025
  • Kirjastus: Edward Elgar Publishing Ltd
  • Keel: eng
  • ISBN-13: 9781035381753

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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 Treatys 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 books 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.

Arvustused

This book is a thoughtful and thorough analysis of a landmark treaty, adopted after more than two decades of work at the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC). Informed by Wendland's long standing professional contributions to this work during his distinguished career at WIPO, it presents a measured, authentic account of processes and the people involved in the development and negotiation of the treaty. It provides unique and invaluable insight into the policy discussions which served as the foundation for the treaty text. -- Caroline Ncube, University of Cape Town, South Africa Wend Wendlands book provides a rare and important look inside one of the most challenging intellectual property negotiations. Wend clearly presents the issues that divided WIPO member states, and the diplomacy that shaped the successful outcome. Treaties on intellectual property are not the product of immaculate conception, but rather are shaped by a combination of theories, interests and power dynamics, all of which are discussed with penetrating insights by the central figure in the negotiations for over more than two decades. It is a testament to his own skills, intellectually and politically, that every member state and interest group came to trust and rely upon Wend during the long and difficult negotiation. This book should be read by serious scholars of intellectual property and anyone interested in how global norm setting and diplomacy works in practice. -- James Love, Director, Knowledge Ecology International, USA 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 Wendlands 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 Organizations 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 doesnt 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

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 IGCS 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
Wend Wendland, Adjunct Professor, Faculty of Law, University of Cape Town, South Africa, former Director, WIPO