Fighting Against Biopiracy: Does the Obligation to Disclose in Patent Applications Truly Help?

37 Pages Posted: 21 Sep 2012

See all articles by Jacques de Werra

Jacques de Werra

Digital Law Center - University of Geneva

Date Written: February 22, 2009

Abstract

In the global fight against biopiracy, one of the key issues is to prevent the grant and exploitation of patents on traditional knowledge and genetic resources by requiring that patent applicants for inventions involving traditional knowledge and genetic resources disclose the source of those resources and provide evidence that the prior informed consent of the local owners of such resources has been obtained and that benefit-sharing agreements have been entered into with those owners. This Article argues that a legal discussion of biopiracy should analyze the obligation to disclose the use of traditional knowledge and genetic resources in an invention beyond the sanctions that are attached in case of violation of such obligations as previously discussed at the international level.

Keywords: patent, biopiracy, access and benefit sharing

Suggested Citation

de Werra, Jacques, Fighting Against Biopiracy: Does the Obligation to Disclose in Patent Applications Truly Help? (February 22, 2009). Vanderbilt Journal of Transnational Law, Vol. 42, No. 1, p. 143, 2009, Available at SSRN: https://ssrn.com/abstract=1347695

Jacques De Werra (Contact Author)

Digital Law Center - University of Geneva ( email )

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