Journal of Intellectual Property (J Intellect Property; JIP)

KCI Indexed
OPEN ACCESS, PEER REVIEWED

pISSN 1975-5945
eISSN 2733-8487
Research Article

Key Issues in the WIPO IGC on the Protection of Traditional Knowledge

1Senior Researcher, Korea Institute of Intellectual Property, Republic of Korea
2Ph.D. in Industrial Security

Correspondence to Young Mo Kim (ymkim524@gmail.com)

Volume 21, Number 3, Pages 175-193, September 2026.
Journal of Intellectual Property 2026;21(3):175-193. https://doi.org/10.34122/jip.2026.21.3.175
Received on March 27, 2026, Revised on April 06, 2026, Accepted on September 04, 2026, Published on September 30, 2026.
Copyright © 2026 Korea Institute of Intellectual Property.
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) which permits use, distribution and reproduction in any medium, provided that the article is properly cited, the use is non-commercial and no modifications or adaptations are made.

Abstract

Traditional knowledge (TK) refers to knowledge created, preserved, and transmitted within the cultural identity and lived experience of Indigenous peoples and local communities (IPLC). TK cannot be fully protected by existing intellectual property systems alone. While World Intellectual Property Organization (WIPO) adopted the 2024 Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge, TK protection itself remains unresolved. In particular, provider and user countries continue to disagree on the form of protection and the criteria for protected subject matter. This study examines the key issues in WIPO Intergovernmental Committee (IGC) discussions on protecting TK. It reveals that the IGC’s main concern is the protection of IPLC’s TK, reviews the general concept and characteristics of TK, and compares the rights and measures-based approaches. It also analyzes the differing positions under Article 3 of the draft instrument: Provider countries favor broader protection aligned with the general concept of TK, whereas user countries support narrower, more specific eligibility requirements. As a user country, Korea requires a balanced negotiation strategy that supports innovation while meeting international protection obligations.
Keywords

traditional knowledge, WIPO, IGC, Indigenous peoples and local communities, rights-based approach, measures-based approach

Notes

Conflicts of Interest

No potential conflict of interest relevant to this article was reported.

Funding

The author received manuscript fees for this article from Korea Institute of Intellectual Property.

Section