A Global Primer
Chapter 14: Preventing misappropriation: the disclosure requirement
The chapter examines another approach to the protection of traditional knowledge which calls for the amendment of intellectual property laws to require disclosure in patent applications of the source or origin of genetic resources or traditional knowledge relevant to the claims in the applications. Such disclosure, it is contended, would be useful in tackling the problem of biopiracy. The chapter illustrates the negative effects of biopiracy drawing on selected cases from Africa, India and the Americas and traces the evolution of the obligation to disclose from provisions in national model laws and a draft treaty on folklore prepared by WIPO, to the Convention on Biological Diversity and the Bonn Guidelines as well as proposals before the TRIPS Council of the World Trade Organization. The chapter reviews WIPO’s current program on the disclosure requirement and evaluates the latest proposals contained in the texts used as the bases of negotiations in WIPO.
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