Discuss the significance of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (2024) for India's traditional medicine systems.

WIPO members adopted the GRATK Treaty on 24 May 2024. It is the first WIPO treaty on the link between IP, genetic resources (GR) and traditional knowledge (TK), and the first with provisions for Indigenous Peoples and local communities [1]. Ayush recorded 4,077 patent filings between FY 2014–15 and FY 2025–26 [6]. For a country with that much activity, the treaty makes India's own approach to protecting TK a global rule.

Significance for India's traditional medicine

• Mandatory disclosure: applicants must name the GR's country of origin or the community that supplied the TK. If that is unknown, they must name the source, or declare that they do not know it [2]. Foreign patents built on Ayurvedic or Unani knowledge must now trace it back to its origin.
• Biopiracy defence globalised: TKDL evidence has stopped 375 applications since 2009 [4]. But only 18 patent offices can access TKDL [5]. GRATK places a disclosure duty on every office in a country that ratifies.
• Validates India's domestic model: Section 3(p) of the Patents Act, 1970 bars patents on TK. The Act already requires source disclosure, and that information goes to the NBA [3]. CGPDTM's Ayush examination guidelines [4] point the same way, which strengthens India's hand in negotiations.
• Community recognition: naming local communities as holders of TK [1] strengthens benefit-sharing claims by vaidyas, hakims and tribal healers.
• Trust and trade: clear origin records build confidence in Ayush exports and joint research.

Limitations

• Weak sanctions: apart from fraud, a patent cannot be revoked only for non-disclosure, and patent offices need not check the disclosures [2].
• Disclosure is not benefit-sharing: the treaty names the source but does not require payment. Communities must still rely on national access-and-benefit-sharing laws.
• Not yet in force: it takes effect three months after 15 ratifications [2]. Its value depends on major traditional-medicine filing countries joining.
• Narrow scope: it covers patent disclosure only, not branding or the misuse of TK in wellness marketing.

GRATK turns India's defensive TKDL approach into a global standard, but it sets a minimum rather than complete protection. India should push for wide ratification, sign up more patent offices to TKDL, and link disclosures to NBA benefit-sharing. That would protect and reward its medical heritage, in line with Article 51A(f) and SDG 3.