Defusing Disclosure in Patent Applications
79 Pages Posted: 21 Oct 2010 Last revised: 1 Dec 2010
Date Written: October 20, 2010
This report provides analysis and factual data on ways forward for the successful introduction of a practical system for monitoring the utilisation of genetic resources and traditional knowledge in patent applications. It suggests a resolution to a key issue blocking the creation of such a system. This resolution is based on 4 elements:
1. Acknowledging and analysing the current impasse between the Convention on Biological Diversity (CBD), the World Trade Organisation (WTO) and the World Intellectual Property Organisation (WIPO) on the disclosure of certain biodiversity information in patent applications (Section 1). 2. Analysing a useful precedent for a functional disclosure requirement using the Bayh-Dole provisions of the US Patent Act (Section 2). 3. Interrogating the patent system to see to what extent disclosure of countries of origin already takes place (Section 3). 4. Interrogating the patent system to explore disclosure issues with respect to indigenous and local communities and traditional knowledge (Section 4).
Keywords: Patent disclosure, disclosure of origin, access to genetic resources and benefit sharing, convention on biological diversity, WIPO, traditional knowledge
JEL Classification: O34, Q28
Suggested Citation: Suggested Citation