A new study commissioned by UNCTAD calls for an international system of mandatory disclosure of origin requirements in intellectual property rights applications.
This would require applicants to clearly state where they got any genetic resources and traditional knowledge used in inventions. They should also indicate if they have agreed to share any resulting benefits with the original owners of these resources.
The study´s authors, Joshua Sarnoff and Carlos Correa, argue that this would help prevent misappropriation of genetic resources and associated traditional knowledge, promote benefit sharing and prevent misuse of the intellectual property system.
Disclosure of origin requirements is a hot topic in forums such as the World Trade Organization, where some countries are calling for negotiations on this topic, and the Convention on Biological Diversity, whose 8th Conference of the Parties meets this week in Brazil. Opponents worry that the burden on the patent system would be too onerous. However, the study outlines a number of practical options related to disclosure requirements, including how to minimize administrative burdens.
The study, Analysis of Options for Implementing Disclosure of Origin Requirements in Intellectual Property Applications (UNCTAD/DITC/TED/2005/14), is available on the UNCTAD Website.
