UNIGE document Scientific Article
previous document  unige:1480  next document
add to browser collection

Fighting against biopiracy : does the obligation to disclose in patent applications truly help ?

Published in Vanderbilt Journal of Transnational Law. 2009, vol. 42, no. 1, p. 143-179
Abstract In the global fight against biopiracy, one of the key issues is to prevent the grant and exploitation of patents on traditional knowledge and genetic resources by requiring that patent applicants for inventions involving traditional knowledge and genetic resources disclose the source of those resources and provide evidence that the prior informed consent of the local owners of such resources has been obtained and that benefit-sharing agreements have been entered into with those owners. This Article argues that a legal discussion of biopiracy should analyze the obligation to disclose the use of traditional knowledge and genetic resources in an invention beyond the sanctions that are attached in case of violation of such obligations as previously discussed at the international level.
Keywords BiopiracyPatent lawGeneticsDroit de la propriété intellectuelle
Stable URL https://archive-ouverte.unige.ch/unige:1480
Full text
Article (Author postprint) (281 Kb) - public document Free access
Research group Droit - Propriété intellectuelle

533 hits



Deposited on : 2009-05-08

Export document
Format :
Citation style :