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

15 Pages Posted: 31 Aug 2023

See all articles by Pedro Henrique D. Batista

Pedro Henrique D. Batista

Max Planck Institute for Innovation and Competition

Date Written: August 30, 2023

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

Suggested Citation

Batista, Pedro Henrique D., The WIPO IGC Chair's Draft on Intellectual Property and Genetic Resources – Reasons for Concern (August 30, 2023). Max Planck Institute for Innovation & Competition Research Paper No. 23-20, Available at SSRN: https://ssrn.com/abstract=4556500 or http://dx.doi.org/10.2139/ssrn.4556500

Pedro Henrique D. Batista (Contact Author)

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

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