Malawi has ratified the World Intellectual Property Organization (WIPO) Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge, which was originally adopted in May 2024. The ratification, completed on 5 December 2024, positions Malawi among the early signatories of a landmark agreement that addresses the intersection of intellectual property law, biodiversity, and indigenous knowledge.
What the Treaty Requires
The Treaty introduces disclosure requirements for patent applicants whose inventions are based on or developed using genetic resources or associated traditional knowledge. Applicants will be required to disclose the country of origin or source of the genetic material or traditional knowledge used. The measure is designed to ensure that local and indigenous communities receive recognition and equitable benefit when their knowledge contributes to internationally protected inventions.
Why It Matters for Malawi
Malawi is a country rich in biodiversity and indigenous cultural knowledge — a heritage that has historically been exploited without adequate recognition or compensation for local communities. The Treaty creates a stronger legal foundation for ensuring that Malawian traditional knowledge and genetic resources are not patented internationally without disclosure of their origin.
The Ministry of Industry and Trade, working with COSOMA, the CRIPC, and the African Regional Intellectual Property Organisation (ARIPO), has been advancing efforts to align Malawi’s domestic legislation with international intellectual property obligations.
Broader IP Framework
The ratification complements Malawi’s broader intellectual property reform agenda, underpinned by the Intellectual Property Rights Policy adopted in 2019. COSOMA continues to advocate for the strengthening of IP protections that benefit Malawian creators and knowledge holders across all sectors of the creative and cultural economy.
