Edited by Susy Frankel
Chapter 5: Designing disclosure: disclosure of cultural and genetic resource utilisation in design protection regimes
New issues relating to the intersection of design protection and cultural and genetic resource utilisation are arising from the confluence of an increasing interest in design protection, the growing allure of exotic cultural expressions, and the burgeoning use of biotechnology in articles protectable by industrial design rights. These developments have become a focal point in the negotiation of a draft Design Law Treaty (DLT) in the World Intellectual Property Organization’s Standing Committee on the Law of Trademarks, Industrial Designs, and Geographical Indications. The DLT is expected to make it easier to obtain design protection globally by limiting domestic design registration requirements. Currently, a controversy exists over a proposal allowing policy space in the draft DLT for countries to be able to require design applicants to disclose the origin of traditional cultural expressions, traditional knowledge, and biological or genetic resources used in creating protectable designs. This chapter focuses on that controversy.
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