Why the U.S. Chamber Opposes New WIPO Treaty

Kelly Anderson
Executive Director, International Policy, U.S. Chamber of Commerce

Published

March 19, 2025

The Chamber has long supported the enforcement of intellectual property (IP) laws, domestically and around the globe to provide the foundation for good paying jobs in the United States, sustain full access to low-cost goods for consumers, and protect the ability of American businesses to trade abroad. With a mandate to promote the protection of IP worldwide, the World Intellectual Property Organization (WIPO) is integral to creating the frameworks that provide the legal certainty that have allowed the American economy to be the global leader.

What happened: On Monday, the U.S. Chamber filed comments in response to the U.S. Patent and Trademark Office’s request for comments on the new WIPO Treaty on IP, Genetic Resources (GR), and Associated Traditional Knowledge (aTK). The Chamber’s submission urged the U.S. government not to sign the Treaty, given the adverse effects it could have on America’s innovation ecosystem.

Impact on innovation: The Treaty’s patent disclosure requirements could increase the risks and costs associated with genetic resources-related R&D activities. In turn, this discourages investment in industries that utilize GR to development new innovations, such as the biotechnology, pharmaceutical, and agriculture sectors.

Uncertainty abounds: The lack of clear guidelines on what triggers the patent disclosure requirements will create uncertainty for innovators and could lead to legal challenges, given that countries’ interpretations of the disclosure requirements will vary. Innovators in countries with existing disclosure requirements in place—such as India and Brazil—have reported increased third-party litigation costs and greater uncertainty about the enforceability of patents.

Inconsistency with existing Administration policy: President Trump’s America First Trade policy emphasizes the need to safeguard American workers and our national security. Bad actors could potentially exploit the Treaty’s provisions to challenge U.S. patents on inadequate disclosure grounds. This could lead to the invalidation of legitimately granted patents and allow our competitors to gain access to proprietary American technologies, in turn jeopardizing U.S. national security.

The bottom line: The U.S. government must ensure that international agreements uphold the continued growth and competitiveness of America’s innovation economy and protect American businesses and workers. Signing and ratifying the Treaty will undermine this goal. As a result, the Chamber does not support the U.S. joining the Treaty.