Developing Patent Disclosure Requirements Related to Genetic Resources and Traditional Knowledge - Key Questions

Developing Patent Disclosure Requirements Related to Genetic Resources and Traditional Knowledge - Key Questions
Author: Claudio Chiarolla
Publisher:
Total Pages: 148
Release: 2017
Genre:
ISBN:

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Modern scientific research and the exploitation of genetic resources and traditional knowledge may offer great benefits to humankind. How can the patent system help scientists, commercial enterprises and civil society at large to realize those benefits while safeguarding the rights and interests of biodiversity-rich countries, and indigenous and local communities?It has been argued that new patent disclosure requirements related to genetic resources and traditional knowledge are part of the answer, and several countries have already implemented them. But different countries have varying approaches and priorities to this question. Policymakers in each country need to find the right approach for them. If a country decides to introduce new patent disclosure requirements, a key challenge is to establish a coherent legal and policy framework for them, to ensure their balanced and synergetic implementation in the context of national innovation systems. Asking the right questions at the outset should help in this challenging task.This study from the World Intellectual Property Organization (WIPO) is intended to fill a gap in the existing literature and so inform policy dialogue, implementation and training in this area. It: • Reviews, complements and updates existing WIPO resources and research from leading scholars; • Identifies the key questions that all policymakers need to address in this area; • Discusses approaches in many different developed and developing countries; and • Presents policy options in a user-friendly format, with helpful graphics, case studies and further reading.

Key Questions on Patent Disclosure Requirements for Genetic Resources and Traditional Knowledge

Key Questions on Patent Disclosure Requirements for Genetic Resources and Traditional Knowledge
Author:
Publisher:
Total Pages: 94
Release: 2017-06-16
Genre: Disclosure of information
ISBN: 9789280528633

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"Transparency through the disclosure of patented inventions has been a defining feature of the modern patent system since its inception. As modern innovation continues to build upon and further advances the diversity of genetic resources, recent discussions have identified questions as to whether existing patent disclosure requirements should be additionally expanded through specific disclosure requirements for genetic resources and traditional knowledge to further improve the transparency and efficacy of the patent system....The current publication is an update and improvement of the original WIPO Technical Study from 2004, incorporating the latest practical and empirical information provided by Member States and stakeholders. It provides a purely technical account of the legal and operational questions that have been identified as arising in the context of patent disclosure requirements related to genetic resources and traditional knowledge, and does not promote or propose any particular position, approach or perspective on this matter. The study looks at the key questions identified from the point of view of the patent system and in relation to other relevant legal and policy frameworks"--Page 5.

Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions

Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 56
Release: 2020-07-08
Genre: Law
ISBN: 9280525875

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General information on the interface between intellectual property (IP) and traditional knowledge (TK), traditional cultural expressions (TCEs), and genetic resources (GRs). It briefly addresses the most important questions that arise when considering the role that IP principles and systems can play in protecting TK and TCEs from misappropriation, and in generating and equitably sharing benefits from their commercialization, and the role of IP in access to and benefit sharing in GRs.

Genetic Resources, Traditional Knowledge and the Law

Genetic Resources, Traditional Knowledge and the Law
Author: Evanson C. Kamau
Publisher: Routledge
Total Pages: 530
Release: 2009-09-02
Genre: Law
ISBN: 1136574425

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The need to regulate access to genetic resources and ensure a fair and equitable sharing of any resulting benefits was at the core of the development of the Convention on Biological Diversity (CBD). The CBD established a series of principles and requirements around access and benefit sharing (ABS) in order to increase transparency and equity in the international flow of genetic resources, yet few countries have been able to effectively implement them and ABS negotiations are often paralysed by differing interests. This book not only examines these complex challenges, but offers workable, policy-oriented solutions. International contributors cover theoretical approaches, new significant national legislation, the concept of traditional knowledge, provider and user country measures and common solutions. Exploring specific, salient examples from across the globe, the authors provide lessons for national regulation and the ongoing negotiations for an international ABS regime. Uniquely, this book also looks at the potential for 'horizontal' development of ABS law and policy, applying lessons from bilateral approaches to other national contexts.

Key Questions on Patent Disclosure Requirements for Genetic Resources and Traditional Knowledge, 2nd Edition

Key Questions on Patent Disclosure Requirements for Genetic Resources and Traditional Knowledge, 2nd Edition
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 98
Release: 2020-05-06
Genre: Law
ISBN: 9280531417

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The current publication is the second update and improvement of the original WIPO Technical Study from 2004, incorporating the latest practical and empirical information provided by Member States and stakeholders. The study looks at the key questions identified from the point of view of the patent system and in relation to other relevant legal and policy frameworks.

Documenting Traditional Knowledge – A Toolkit

Documenting Traditional Knowledge – A Toolkit
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 40
Release: 2017-12-08
Genre: Law
ISBN: 9280528831

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There is growing interest in documenting the wealth of traditional knowledge (TK) that has been developed by indigenous peoples and local communities around the world. But documenting TK can raise important issues, especially as regards intellectual property. This Toolkit presents a range of easy-to-use checklists and other resources to help ensure that anyone considering a documentation project can address those issues effectively.

Intellectual Property and Traditional Knowledge

Intellectual Property and Traditional Knowledge
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 36
Release: 2005
Genre: Law
ISBN: 9280513664

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This is one of a series of Booklets dealing with intellectual property and genetic resources, traditional knowledge and traditional cultural expressions/folklore.

Global Biopiracy

Global Biopiracy
Author: Ikechi Mgbeoji
Publisher: UBC Press
Total Pages: 335
Release: 2011-11-01
Genre: Technology & Engineering
ISBN: 0774840250

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Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is a vexing issue. The phenomenon of appropriation of plants and TKUP, otherwise known as biopiracy, thrives in a cultural milieu where non-Western forms of knowledge are systemically marginalized and devalued as "folk knowledge" or characterized as inferior. Global Biopiracy rethinks the role of international law and legal concepts, the Western-based, Eurocentric patent systems of the world, and international agricultural research institutions as they affect legal ownership and control of plants and TKUP.

Intellectual Property Rights in Plant Varieties

Intellectual Property Rights in Plant Varieties
Author: Laurence R. Helfer
Publisher: Food & Agriculture Org.
Total Pages: 120
Release: 2004
Genre: Law
ISBN: 9789251052228

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The study provides an overview of the international intellectual property system regulating plant varieties. It identifies the essential features of this system, including the policies supporting the grant of intellectual property rights (IPRs) and the societal objectives in tension with IPRs, the institutions that have shaped the international intellectual property system, and the basic components contained in the relevant international treaties. The study aims to set forth regulatory options for national governments to protect plant varieties while achieving other public policy objectives relating to plant genetic resources.