The WIPO IGC Chair's Draft on Intellectual Property and Genetic Resources – Reasons for Concern

Abstract

The requirement to disclose certain information in a patent application in order to promote compliance with national rules on access and benefit sharing related to genetic resources has been a very controversial topic. After decades of disagreements, an international instrument in this area is expected to be concluded during a WIPO Diplomatic Conference to be held in 2024. The basis for the final steps in the negotiation is the Chair’s draft prepared by the Secretariat of the WIPO Intergovernmental Committee. The question is, however, whether this draft has the potential to achieve the desired goals. This article undertakes a critical analysis of the draft in view of its adequacy for an effective protection of genetic resources and suitability for strategic policies on access and benefit sharing. It also explores alternative regulatory options for specific issues.

Keywords: genetic resources, patent law, WIPO, WIPO Diplomatic Conference, intergovernmental committee, IGC, Chair’s Draft, Instrument, Access and Benefit Sharing, ABS, Nagoya Protocol, Convention on Biological Diversity, CBD