Proposals by Switzerland Regarding the Declaration of the Source of Genetic Resources and Traditional Knowledge in Patent Applications (link)

October 22, 2003

Geneva, 21 Oct 2003

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I. OVERVIEW

4. The present document contains proposals by Switzerland regarding the declaration of the source of genetic resources and knowledge, innovations and practices of indigenous and local communities (traditional knowledge), in patent applications, if an invention is directly based on such resources or traditional knowledge.

5. Part II outlines the general approach that according to Switzerland should be taken with regard to the underlying issues (see paras. 3-4). Part III summarizes the recent developments at the international level that are of importance with regard to transparency measures under patent law (see paras. 5-11), and Part IV provides an overview of the current international legal framework affecting the form, structure and contents of such measures (see paras. 12-19).

Part V presents the proposals of Switzerland regarding the declaration of the source of genetic resources and traditional knowledge in patent applications (see paras. 20-29): Switzerland proposes to amend Rules 51bis.1 and 4.17 of the Regulations under the Patent Cooperation Treaty (PCT) to explicitly enable the national patent legislation to require the declaration of the source of genetic resources and traditional knowledge in international patent applications, if an invention is directly based on such resources or knowledge.

By reference, these amendments would also apply to national patent applications that are in accordance with the provisions of the Patent Law Treaty (PLT). Finally, in Part VI, Switzerland invites the World Intellectual Property Organization (WIPO), in close collaboration with the Convention on Biological Diversity (CBD), to consider the establishment of a list of government agencies competent to receive information about patent applications containing a declaration of the source of genetic resources and/or traditional knowledge (see paras. 30-32).

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World Intellectual Property Organisation
http:///www.wipo.int
Item source: http:///www.wipo.int /pct/en/meetings/refo rm_wg/pdf/pct_r_wg_5_11.pdf

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