Of Disclosure 'Straws' and IP Systems 'Camels': Patents, Innovation, and the Disclosure of Origin Requirement
20 Pages Posted: 30 Jun 2016 Last revised: 13 May 2018
Date Written: June 29, 2016
This Chapter explores the validity of the assertion, by many developed country representatives, that the adoption of a patent applicant genetic resource disclosure of origin (DOO) requirement, such as is being considered in the World Intellectual Property Organization (WIPO) Intergovernmental Committee (IGC) negotiations, will impose untenable, innovation-deterring burdens and legal uncertainty on the global patent system. It also considers such a disclosure requirement in comparison to other burdens/uncertainties in the global patent system, and concludes that, far from being the straw that may break the camel’s back, a properly constructed DOO requirement need not harm, and may even enhance, innovative activity in Europe, the U.S., and beyond.
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