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.

The Protection of Traditional Knowledge on Genetic Resources

The Protection of Traditional Knowledge on Genetic Resources
Author: Frantzeska Papadopoulou
Publisher: Edward Elgar Publishing
Total Pages: 523
Release: 2018-04-27
Genre: Education
ISBN: 1786437430

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Traditional knowledge protection methods are becoming increasingly out-dated in the face of modern challenges. Focusing on the protection of traditional knowledge and related genetic resources, this book is the first of its kind to amalgamate a novel theoretical framework with the practical applications of the combined theories of Rawls and Coase.

Genetic Resources, Equity and International Law

Genetic Resources, Equity and International Law
Author: Camena Guneratne
Publisher: Edward Elgar Publishing
Total Pages: 335
Release: 2012-01-01
Genre: Nature
ISBN: 0857934953

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ÔThis book provides a clear analysis of the multi-level impacts of the existing international law regime related to genetic resources on developing countries. It does so through a cogent exposition of the different areas of the law pertaining to genetic resources that are relevant and impact on people's rights and livelihoods. Its focus on equity is a welcome addition to the literature.Õ Ð Philippe Cullet, University of London, UK ÔCamena GuneratneÕs thought-provoking book critically evaluates the clash between the private property approach to genetic resources embedded in international intellectual property conventions, and the competing values embedded in a variety of other conventions and laws. She contests key assumptions behind intellectual property regimes supporting genetic commerce, distinguishing the genetic ÒcommonsÓ from other types of resource. This book provides a comprehensive scholarly dealing with the topics noted in its title, but also should increase debate about policy failures in responding to the risks to the underprivileged of the instruments we use to pursue our economic interests of the majority.Õ Ð Paul Martin, University of New England, Australia ÔThis is a wonderful book. All too often in the quest to preserve biodiversity, we forget that the equation of equity has to be at the forefront of the debates on sustainable development. Dr Guneratne rectifies this mistake. In doing so, she shows us that in many of the most importance instances, we are not only losing large parts of the natural basis on which humanity depends, but also the ability to control the political and legal processes of which many of the world's poorest people depend. This linkage between biodiversity, politics and international law is of such a high calibre, that it is likely that this work will become a key text for students and scholars alike.Õ Ð Alexander Gillespie, University of Waikato, New Zealand This book examines current developments in international law which regulate the uses of plant genetic resources for food and agriculture, and the various property regimes which are applied to these resources by these international agreements. In the current context of the global food crisis, the development and stability of national agricultural systems is an urgent concern, particularly among developing countries. This stability, and national food security, will potentially be threatened if these countries are unable to have free access to agricultural crop plants. This book analyses a range of international agreements including the recently adopted Nagoya Protocol and demonstrates that in their current implementation they favour private ownership of these resources rather than free access. The book takes the position that this is inherently inequitable and these resources should be maintained in the public domain. This book will be of use to a wide range of readers from students and scholars to those working in the fields of trade and intellectual property, human rights, environmental conservation and advocacy on international issues. It contains a rigorous legal analysis of current international law development on the issue based on the negotiations which have taken place in the relevant forums, and will therefore be particularly useful to lawyers and legal scholars. It is also written in an uncomplicated style which makes it readily accessible to non-lawyers and the case studies and empirical data used throughout the book adds to its interest.

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.

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.

Intellectual Property and Genetic Resources

Intellectual Property and Genetic Resources
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 7
Release: 2023-09-25
Genre: Law
ISBN:

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This Brief introduces intellectual property issues related to genetic resources under discussion in WIPO.

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.

Patents on Life

Patents on Life
Author: Thomas C. Berg
Publisher: Cambridge University Press
Total Pages: 0
Release: 2022-05-26
Genre: Law
ISBN: 9781108450881

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This volume brings together a unique collection of legal, religious, ethical, and political perspectives to bear on debates concerning biotechnology patents, or 'patents on life'. The ever-increasing importance of biotechnologies has generated continual questions about how intellectual property law should treat such technologies, especially those raising ethical or social-justice concerns. Even after many years and court decisions, important contested issues remain concerning ownership of and rewards from biotechnology - from human genetic material to genetically engineered plants - and regarding the scope of moral or social-justice limitations on patents or licensing practices. This book explores a range of related issues, including questions concerning morality and patentability, biotechnology and human dignity, and what constitute fair rewards from genetic resources. It features high-level international, interfaith, and cross-disciplinary contributions from experts in law, religion, and ethics, including academics and practitioners, placing religious and secular perspectives into dialogue to examine the full implications of patenting life.