Just over a year ago, we wrote about the adoption of the Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (the Treaty) by 150 members states of the World Intellectual Property Organization (WIPO) and what it could mean for Australia: read our earlier post here.
As a reminder, the Treaty establishes a global framework requiring patent applicants to disclose the source of any plants, animals or associated traditional knowledge on which their invention is based. This is intended to increase transparency in the patent system and support recognition of the contributions of Indigenous Peoples.
The Treaty will enter into force once 15 member states deposit their formal instruments of ratification. Only three member states have done so (Malawi, Uganda, and Albania).
Australia officially signed this landmark Treaty on 18 December 2024, which indicates an intention by the Australian government to be bound by it. However, Australia is yet to ratify the Treaty.
For Australia to ratify the Treaty, it must:
- Table the treaty in both Houses of Parliament, along with tabling a National Interest Analysis (NIA). The NIA sets out the reasons it is in Australia’s national interest to ratify the Treaty, assesses the economic, environmental, social, and cultural impacts, describes how the Treaty will be implemented domestically (including required legislative changes), and summarises consultations that have been undertaken.
- Have the treaty considered by the Joint Standing Committee on Treaties (JSCOT). The JSCOT examines the proposed treaty action, receives submissions, conducts hearings, and reports to Parliament with a recommendation as to whether or not Australia should ratify. The JSCOT’s report is not binding on the executive, but its recommendations carry significant political weight.
- Implement the Treaty’s requirements through domestic legislation. Specifically, amendments to the Patents Act 1990 (Cth) and the Patents Regulations 1991 (Cth) will be required to introduce:
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- disclosure obligations requiring patent applicants to disclose the origin or source of genetic resources and/or the associated traditional knowledge on which the invention is based on
- consequences of non-disclosure, such as administrative sanctions (e.g., a direction to amend or complete an application), refusal of an application, and other post-grant revocation sanction and/or remedies, and
- amendments to the Patent Regulations to prescribe the form of disclosure and other procedural requirements.
Australia has now taken the first step of this process.
The Treaty, along with its NIA, was tabled in both the Senate and House of Representatives on 13 May 2026.[1] The Treaty was also referred to the JSOT on the same day.
The JSOT is now reviewing the treaty and is seeking stakeholder submissions before reporting back to Parliament. Submissions to the JSOT can be made here and close on Wednesday 10 June 2026.
The Australian Government has not publicly committed to a specific timeline or target date for ratifying the Treaty. However, in a March 2026 response to a parliamentary inquiry, the Government said it supports ratification ‘subject to normal Treaty making processes’.[2] Stay tuned!
Featured image by Chesna from Pixabay.
[1] National Interest Analysis [2026] ATNIA 4 and WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge [2024] ATNIF 26.
[2] Australian Government response to the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs report: Inquiry into economic self-determination and opportunities for First Nations Australians (March 2026), Recommendation 12, [5.83], p 10.
