Striking a balance between innovation and tradition in the global patent system.

Journal Article

1 electronic resource (pages 747-749)

After over two decades of discussions in the World Intellectual Property Organization (WIPO) Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), a Diplomatic Conference in Geneva adopted the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge1 (Treaty on IP, GR and ATK) in the early hours of 24 May 20242 after 2 weeks of challenging negotiations founded on the Basic Proposal derived from the text prepared by former IGC Chair Ian Goss (Chair’s Text).3 The Treaty provides clarity on two key issues: A mandatory patent disclosure requirement (PDR) requiring patent applicants to disclose the country of origin of the genetic resources (GRs) and/or the indigenous peoples or local community providing the associated traditional knowledge (ATK) where the claimed invention is based on GRs and/or ATK (Article 3). Sanctions and remedies for non-compliance with the mandatory PDR (Article 5).

Intellectual Property Law & Practice ; 19, 10, 2024, 1747-1540.

Oxford, UK : Oxford University Press, 2024.

English

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