What question did this study set out to answer?

To analyze the implications of the Treaty on Intellectual Property for Aotearoa New Zealand's patent law and practices.

January 14, 2026Open Access

Patent law, traditional knowledge, and disclosure practices in Aotearoa New Zealand

Key Points

To analyze the implications of the Treaty on Intellectual Property for Aotearoa New Zealand's patent law and practices.
Analysis of the WIPO treaty regarding intellectual property and traditional knowledge.
Comparison with existing New Zealand laws and practices.
Evaluation of potential limits imposed by the treaty on local law.
Found that the treaty may not significantly advance existing law in Aotearoa New Zealand.
Argued against signing the treaty due to potential legal limitations.
Recommended learning from the treaty while addressing domestic legal contexts.

Abstract

Abstract On 24 May 2024, member states of the World Intellectual Property Organization (WIPO) adopted the Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. Mandating that contracting parties require that patent applicants disclose any genetic resources or associated traditional knowledge that their invention is based on, the treaty has been hailed as historic triumph. In this article, we analyze whether the treaty is so remarkable in relation to Aotearoa New Zealand’s existing law and practice. Finding that it is not, and that the treaty could place limits on the law, we argue that Aotearoa New Zealand should not sign the Treaty but could learn from it. We conclude that, while Aotearoa New Zealand must continue to partake in any ongoing international negotiations, it should continue to find ways to address the domestic situation.

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