Scientific article
OA Policy
English

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

Contributorsde Werra, Jacquesorcid
Published inVanderbilt journal of transnational law, vol. 42, no. 1, p. 143-179
Publication date2009
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
  • Biopiracy
  • Patent law
  • Genetics
  • Droit de la propriété intellectuelle
Citation (ISO format)
DE WERRA, Jacques. Fighting against biopiracy : does the obligation to disclose in patent applications truly help ? In: Vanderbilt journal of transnational law, 2009, vol. 42, n° 1, p. 143–179.
Main files (1)
Article (Accepted version)
accessLevelPublic
Identifiers
  • PID : unige:1480
Journal ISSN0090-2594
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1169downloads

Technical informations

Creation06/05/2009 10:54:00
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