Whose knowledge, whose cure? traditional medicine and the boundaries of WIPO's 2024 genetic resources treaty

What the paper says

Abstract Traditional medicine—including complementary, integrative, Indigenous, and ancestral practices—remains a vital source of healthcare for billions worldwide, particularly in the Global South. Despite its widespread use and biomedical relevance, traditional medicinal knowledge has long been excluded from dominant intellectual property systems shaped by Western legal traditions. This exclusion has enabled persistent biopiracy and inequitable commercialization of community‐held knowledge. The 2024 WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge marks a historic attempt to address these imbalances. It introduces mandatory disclosure of origin in patent applications and reaffirms the role of the intellectual property system in promoting innovation, knowledge transfer, and economic development—to the mutual benefit of providers and users of genetic resources and associated traditional knowledge. However, the treaty's effectiveness remains uncertain due to its narrow scope, vague provisions, and reliance on national implementation. While analyses of the WIPO Treaty have largely focused on its disclosure requirements, legal enforceability, and implications for patent systems, relatively little attention has been paid to the treaty's implications for traditional medicines. Yet, traditional medicines represent one of the most significant areas where genetic resources and associated traditional knowledge intersect in practice. This paper critically evaluates the treaty's potential and limitations as applied to traditional medicine and advocates for a more justice‐oriented, health‐aligned IP framework—one that centres Indigenous values, ensures equitable governance, and protects traditional medicine.