Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Notices 5827 

1More information on the IGC may be found at: 

www.wipo.int/tk/en/igc. In particular, the current 

‘‘IGC Mandate’’, covering the biennium 2024/2025, 

may be found at: https://www.wipo.int/export/sites/ 

www/tk/en/igc/docs/igc-mandate-2024-2025.pdf 

2WIPO currently has 193 Member States 

(www.wipo.int/members/en/). 

3The current ‘‘IGC Mandate’’, covering the 

biennium 2024/2025, may be found at: https://

www.wipo.int/export/sites/www/tk/en/igc/docs/igcmandate-2024-2025.pdf. 

4That text (known as the ‘‘Basic Proposal’’) may 

be found at: https://www.wipo.int/edocs/mdocs/tk/ 

en/gratk_dc/gratk_dc_3.pdf. In October 2023, 

following a Special Session and Preparatory 

Committee meeting of the IGC, the USPTO 

requested comments on draft text that subsequently 

became the ‘‘Basic Proposal’’ of the diplomatic 

conference (https://www.federalregister.gov/ 

documents/2023/10/24/2023-23387/wipo-igcnegotiations-on-genetic-resources-and-associatedtraditional-knowledge). Tribal input received by the 

USPTO helped inform positions taken by the 

United States at the diplomatic conference. 

5According to WIPO, as of December 5, 2024, 38 

delegations had signed the Treaty: Algeria, Bosnia 

and Herzegovina, Brazil, Burkina Faso, Cabo Verde, 

Central African Republic, Chile, Colombia, Congo, 

Coˆte d’Ivoire, Democratic People’s Republic of 

Korea, Dominican Republic, Eswatini, Gambia, 

Ghana, Indonesia, Lesotho, Madagascar, Malawi, 

Marshall Islands, Morocco, Namibia, Nicaragua, 

Niger, Nigeria, Niue, Paraguay, Peru, Saint Vincent 

and the Grenadines, Sao Tome and Principe, 

Senegal, South Africa, Togo, United Republic of 

Tanzania, Uganda, Uruguay, Vanuatu, Zimbabwe. 

Continued 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

[Docket No.: PTO–C–2024–0049] 

Tribal Consultation on the WIPO Treaty 

on Intellectual Property, Genetic 

Resources and Associated Traditional 

Knowledge 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Notice of Tribal Consultation 

and request for written comments. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), Department 

of Commerce, announces a Tribal 

Consultation, and requests written 

comments, regarding the World 

Intellectual Property Organization 

(WIPO) Treaty on Intellectual Property, 

Genetic Resources (GRs) and Associated 

Traditional Knowledge (ATK) 

(hereinafter, the ‘‘Treaty’’) adopted by 

WIPO Member States in Geneva, 

Switzerland on May 24, 2024. The 

Tribal Consultation will consist of 

virtual webinars and a request for 

written comments on whether the 

United States should sign and 

implement the Treaty and any impacts 

of taking those actions. For purposes of 

this Notice, the words ‘‘Tribe’’ or 

‘‘Tribes’’ are intended to refer to Tribal 

Nations, State recognized Tribes, other 

Tribes, and Native Hawaiians and other 

Pacific Islanders. 

DATES: 

Webinar Dates: The two virtual 

webinars for federally recognized Tribal 

Nations and their proxies will be held 

on Tuesday, March 18 and Wednesday, 

March 19, 2025, 3 p.m. to 5 p.m. 

(eastern). The virtual webinar for the 

Native Hawaiian Community, their 

representatives and organizations, and 

other Pacific Islanders will be held on 

Thursday, March 27, 2025, 3 p.m. to 5 

p.m. (eastern). The virtual webinar for 

State and non-recognized Tribes, and 

Tribal and inter-Tribal organizations, 

including organizations that represent 

Indigenous Peoples based in the United 

States, will be held on Friday, March 28, 

2025, 3 p.m. to 5 p.m. (eastern). 

Written Comment Deadline: Written 

comments on the questions in this 

Notice must be received by Monday, 

April 28, 2025. 

ADDRESSES: Webinar Registration 

Address: Please register in advance to 

participate in one of these webinars at: 

https://www.uspto.gov/ip-policy/tribalconsultations-genetic-resourcestraditional-knowledge-and-traditionalcultural. After registering, you will 

receive a confirmation email containing 

information about joining the meeting. If 

you are unable to join via the platform, 

a call-in number also will be provided. 

The registration links are not the same 

for each webinar. 

Written Comments Address: Written 

comments may be submitted by email 

to: TribalConsult2025_GRATKTreaty@

uspto.gov. Please use the heading 

‘‘WIPO GRATK TREATY TRIBAL 

CONSULTATION 2025’’ in the subject 

line. Please note: Tribes must submit 

written comments responsive to the 

issues raised in this Notice and/or the 

public FRN by Monday, April 28, 2025. 

If electronic submission of comments 

is not feasible, please submit comments 

by First-Class Mail or Priority Mail to: 

Susan Anthony, Tribal Affairs Liaison, 

Mail Stop OPIA, U.S. Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22314–1450. 

FOR FURTHER INFORMATION CONTACT: 

Susan Anthony, Tribal Affairs Liaison, 

Office of Policy and International 

Affairs (OPIA), USPTO, at 

Susan.Anthony@uspto.gov or 571–272– 

8459. Please direct media inquiries to 

the USPTO’s Office of the Chief 

Communications Officer at 571–272– 

8400. These webinars are closed to the 

media. 

SUPPLEMENTARY INFORMATION: WIPO is a 

specialized United Nations agency 

based in Geneva, Switzerland, that 

focuses on intellectual property. 

Established in September 2000, the 

WIPO Intergovernmental Committee 

(IGC) 1 serves as a forum where WIPO 

Member States 2 and accredited 

observers can discuss and address the 

intellectual property issues that arise in 

the context of access to GRs as well as 

the protection of traditional knowledge 

(TK) and traditional cultural 

expressions (TCEs). The IGC operates in 

accordance with a mandate 3

determined by the WIPO General 

Assembly. 

At its Fifty-Fifth (30th Extraordinary) 

Session, held in Geneva on July 14–22, 

2022, the WIPO General Assembly 

decided to convene a diplomatic 

conference to conclude an International 

Legal Instrument Relating to Intellectual 

Property, Genetic Resources, and 

Traditional Knowledge Associated with 

Genetic Resources. 

The diplomatic conference occurred 

on May 13–24, 2024, at WIPO 

Headquarters in Geneva, Switzerland. 

On May 24, 2024, WIPO Member States 

adopted the Treaty. The text of the 

adopted Treaty is different in several 

respects from the proposed text 4 that 

served as the starting point for 

negotiations at the diplomatic 

conference. 

Article 3 of the Treaty mandates that 

patent applicants disclose the origin/ 

source of a GR, or associated traditional 

knowledge (ATK) provided by 

Indigenous Peoples or local 

communities, in certain circumstances. 

In particular, the disclosure requirement 

is triggered where a claimed invention 

is ‘‘based on’’ a GR or ATK, which 

requires satisfaction of a two-part test: 

(1) the GR or ATK ‘‘must have been 

necessary for the claimed invention’’; 

and (2) ‘‘the claimed invention must 

depend on the specific properties of’’ 

the GR or ATK. Among its 22 articles, 

the Treaty covers several other topics, 

including treaty objectives, definitions, 

exceptions and limitations, nonretroactivity, sanctions and remedies for 

noncompliance, relationship with other 

international agreements, and review 

and potential revision of Treaty text. 

For additional context, the text of the 

Treaty can be found on the WIPO 

website at: https://www.wipo.int/edocs/ 

mdocs/tk/en/gratk_dc/gratk_dc_7.pdf. 

WIPO’s ‘‘informal summary’’ of the 

Treaty can be found at: https://

www.wipo.int/edocs/mdocs/mdocs/en/ 

gratk_dc/gratk_dc_exsum.pdf. 

The Treaty is open for signature by 

any eligible Member State of WIPO for 

one year after its adoption (i.e., up to 

May 23, 2025).5 The act of signing does 


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5828 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Notices 

(https://www.wipo.int/export/sites/www/treaties/ 

en/docs/pdf/gratk.pdf). 

6See, e.g., Article 18 of the Vienna Convention on 

the Law of Treaties (https://legal.un.org/ilc/texts/ 

instruments/english/conventions/1_1_1969.pdf). 

7See WIPO Treaty on Intellectual Property, 

Genetic Resources and Associated Traditional 

Knowledge, Articles 12–13, 18 (https://

www.wipo.int/edocs/mdocs/tk/en/gratk_dc/gratk_

dc_7.pdf). 

8According to WIPO, as of December 5, 2024, 

only Malawi had ratified or acceded to the Treaty. 

not make a Member State a party to (i.e., 

bound by) the Treaty. Rather, signing 

qualifies the signatory Member State to 

proceed to ratification, acceptance, or 

approval and creates an obligation for 

the Member State to refrain from acts 

that would defeat the object and 

purpose of the Treaty.6 To become a 

party to the Treaty, a Member State 

must undertake a separate step of 

ratification or accession.7

The Treaty will enter into force three 

months after it is ratified or acceded to 

by 15 Contracting Parties. 8 Thereafter, 

Treaty provisions will apply in any 

Member State of WIPO that is or 

subsequently becomes a Contracting 

Party to the Treaty. This means, for 

example, that the Treaty’s required 

disclosure of the origin/source of GRs/ 

ATK will apply to all patent applicants 

who file an application in a Contracting 

Party, including those applicants who 

come from countries that have not 

ratified or acceded to the Treaty. 

Within the U.S. Government, the 

USPTO, based on authority delegated by 

the U.S. Department of State, takes the 

lead in the WIPO IGC among other 

Federal agencies and coordinates and 

develops U.S. positions on issues before 

the WIPO IGC. 

Request for Information 

The USPTO welcomes Tribal input on 

any issues relevant to this Notice and is 

particularly interested in comments 

responsive to the questions below. The 

USPTO also has issued in this issue of 

the Federal Register a notice entitled, 

‘‘Request for Comments and Testimony 

on the WIPO Treaty on Intellectual 

Property, Genetic Resources and 

Associated Traditional Knowledge,’’ 

which is directed to the general public 

(‘‘public FRN’’). Tribes may also provide 

comments responsive to the questions 

or participate in the public hearing 

described in the USPTO’s public FRN 

regarding the Treaty. 

Questions for Comment 

When submitting written comments, 

please identify yourself and either your 

Tribal Government, or that you are a 

Native Hawaiian or other Pacific 

Islander. If you are a representative, 

please identify yourself and for whom 

you are speaking. Commenters need not 

respond to every question and may 

provide relevant information, even if 

not responsive to a particular question. 

1. In your view, should the United 

States sign and become a party to the 

WIPO Treaty on Intellectual Property, 

Genetic Resources and Associated 

Traditional Knowledge? In your 

response, please identify and explain 

your reasons in detail, including legal, 

policy, and any other considerations. 

2. In your view, please explain 

whether the Treaty is consistent or 

inconsistent with existing U.S. law, 

including tribal treaties and other 

federal law. In your response, please 

explain your legal reasoning and 

identify the provisions of the Treaty that 

are consistent or inconsistent with U.S. 

law. 

3. If, in your view, the Treaty is 

inconsistent with existing U.S. law, 

please identify and explain the 

change(s) to U.S. law necessary for 

compliance with the Treaty. In doing so, 

please describe any impacts of adopting 

such change(s). 

4. In your view, please explain 

whether the Treaty is consistent or 

inconsistent with existing U.S. 

international obligations, including 

treaties, free trade agreements, and other 

international agreement(s). In your 

response, please explain your legal 

reasoning and identify the provision(s) 

of the Treaty that are consistent or 

inconsistent with specific U.S. 

international obligations. 

5. Please indicate whether and, if so, 

how GRs and ATK may be protected by 

existing U.S. law(s). In doing so, please 

explain your legal reasoning and 

identify the specific law(s) by which 

GRs and ATK may be protected. 

6. Please indicate whether and, if so, 

how GRs and ATK may be protected by 

tribal treaties, tribal customary law and 

protocols, tribal codes, or in other ways. 

In doing so, please explain your legal 

reasoning and identify the specific 

provision(s) of the identified ways by 

which GRs and ATK may be protected. 

7. If the United States does not 

become a party to the Treaty, please 

identify any Treaty or other provision(s) 

you believe should be incorporated in 

U.S. patent or other law for protection 

of GRs and ATK. In your response, 

please explain the reason(s) for and any 

impact(s) of, incorporating those 

provisions in U.S. patent or other law. 

8. In your view, please identify and 

explain any impact(s) of implementing 

the Treaty on domestic and global 

innovation, including both tribal and 

non-Indigenous innovation. 

9. Based on your experiences with 

other countries that require patent 

applicants to disclose the source or 

origin of GRs or ATK, please identify 

and explain any possible impact(s) of 

Treaty implementation in the United 

States. 

10. In your view, please identify and 

explain any impact(s) of implementing 

or not implementing the Treaty on the 

Tribal Nations and other Indigenous 

Peoples located in the U.S. 

Derrick L. Brent, 

Acting Under Secretary of Commerce for 

Intellectual Property and Acting Director of 

the United States Patent and Trademark 

Office. 

[FR Doc. 2025–01092 Filed 1–16–25; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

[Docket No.: PTO–C–2024–0048] 

Request for Comments and Testimony 

on the World Intellectual Property 

Organization Treaty on Intellectual 

Property, Genetic Resources and 

Associated Traditional Knowledge 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Request for comments and 

notice of hearing. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), Department 

of Commerce, requests input from all 

interested parties on the World 

Intellectual Property Organization 

(WIPO) Treaty on Intellectual Property, 

Genetic Resources and Associated 

Traditional Knowledge (hereinafter, 

‘‘the Treaty’’) adopted by WIPO Member 

States in Geneva, Switzerland on May 

24, 2024. In particular, the USPTO 

welcomes written comments, and will 

hold a hybrid hearing, on whether the 

United States should sign and 

implement the Treaty and any impacts 

of taking those actions. The text of the 

Treaty can be found on the WIPO 

website at: https://www.wipo.int/edocs/ 

mdocs/tk/en/gratk_dc/gratk_dc_7.pdf. 

DATES: Written comments must be 

received on or before March 18, 2025. 

The USPTO will also hold a hybrid 

hearing on this matter on April 29, 

2025, from 9 a.m.–12 p.m. and 1–4 p.m. 

eastern time (ET). If necessary, the 

hearing may continue on April 30, 2025. 

Any interested parties wishing to 

present oral testimony at the hearing 

must submit a written request for an 

opportunity to do so no later than April 

22, 2025. Details on submitting such a 

request are provided below. 


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