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Monday, February 07, 2005

EU demanding Disclosure of Genetic Resources and Associated Traditional Knowledge (TK) in Patent Applications.

WIPO

is reporting having received a certain proposal from the EU Commission:

"[...]This document outlines the basic features for a balanced and effective proposal on the disclosure of genetic resources and associated traditional knowledge (TK) in patent applications. The European Community and its Member States already agreed in the 2002 Communication to the TRIPs Council to examine and discuss the possible introduction of a system, such as a self-standing disclosure requirement, that would allow States to keep track, at global level, of all patent applications with regard to genetic resources. Since 2002, several developments in WIPO, WTO, FAO, the CBD and other relevant fora have contributed to the discussion. More recently, the Conference of the Parties of the Convention on Biological Diversity has invited WIPO to examine issues regarding the interrelation of access to genetic resources and disclosure requirements in intellectual property rights applications, including, inter alia, options for model provisions on proposed disclosure requirements. The WIPO General Assembly of 2004 decided that WIPO should respond positively to this invitation. The present proposals reflect the position of the EC and its Member States on this issue. [...]

In the 2002 Communication to the TRIPs Council, the EC and its Member States expressed their preference for a requirement that should be applied to all patent applications. The EC and its Member States also consider that the disclosure obligation should be mandatory. This implies that the disclosure requirement should be implemented in a legally binding and universal manner. A global and compulsory system creates a level playing field for industry and the commercial exploitation of patents, and also facilitates the possibilities under Article 15(7) of the CBD for the sharing of the benefits arising from the use of genetic resources. The introduction of such a scheme should take place in an efficient and timely way, and be related to the existing international legal framework for patents. In order to achieve such a binding disclosure requirement, amendment of the Patent Law Treaty (PLT), the Patent Cooperation Treaty (PCT) and, as the case may be, regional agreements such as the EPC will be necessary. The disclosure requirement then applies to all international, regional and national patent applications at the earliest stage possible. [...]"

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