Protecting Native Knowledge Systems? Implementing WIPO’s GRATK Treaty
Allie Verdesca The World Intellectual Property Organization’s (WIPO) Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK) was passed in May 2024 to establish a mandatory patent disclosure requirement for inventions that are based on genetic resources and/or associated traditional knowledge. This Article assesses whether the United States should ratify it. By grounding the challenges of Native intellectual property (IP) interests within the historical context of the American IP system, this Article argues that ratifying the GRATK Treaty is necessary to support Native IP rights. Although the Treaty’s provisions alone may not fully protect tribal sovereignty, its ratification,...