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

Margo A. Bagley

Emory University School of Law; University of Virginia School of Law

Date Written: June 29, 2016

Abstract

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.

Suggested Citation

Bagley, Margo A., Of Disclosure 'Straws' and IP Systems 'Camels': Patents, Innovation, and the Disclosure of Origin Requirement (June 29, 2016). Virginia Public Law and Legal Theory Research Paper No. 2016-40. Available at SSRN: https://ssrn.com/abstract=2802186 or http://dx.doi.org/10.2139/ssrn.2802186

Margo A. Bagley (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States
404-727-8293 (Phone)
404-727-6820 (Fax)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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