cover image: POLIICY  BRIIEF - The WIPO Diplomatic Conference for a Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

20.500.12592/dnck0gs

POLIICY BRIIEF - The WIPO Diplomatic Conference for a Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

8 May 2024

The text of the Basic Proposal suggests that the obliga- The Steering Committee is composed of the President tions will be minimum requirements that Parties would and seven Vice-Presidents of the Conference, the Presi- be bound by, other than the provision in Article 6.3 con- dent of the Credentials Committee, the Presidents of the cerning revocation or rendering unenforceable a patent Main Commit. [...] In the light of sed transparency in the patent system would be achieved the accompanying definition provided for in the Basic Pro- with disclosure of the origin or source of DSI on GRs.14 posal,9 the addition of qualifiers to “based on” will narrow There may be no need to define DSI in the Treaty.15 the trigger for when the disclosure requirement is applica- ble. [...] or TK associated with GRs must have been necessary or material to the development 15 This could mirror the solution adopted under the Agreement under the United of the claimed invention, and that the claimed invention must depend on the specific Nations Convention on the Law of the Sea on the Conservation and Sustainable properties of the GRs and/or TK associated with genetic resources”. [...] The success of the Diplomatic Conference will depend on the ability of developing countries to coordinate their III.2 Information Systems positions so that the final text of the Treaty contains the necessary minimum elements to serve its purpose, while The second substantive aspect of the Basic Proposal striking a compromise with other WIPO member States concerns the voluntary establishment of dat. [...] However, WIPO 17 Agreed Statement to Article 8: The Contracting Parties request the As- is not the only or arguably the best suited forum to dis- sembly of the International Patent Cooperation Union to consider the need for amendments to the Regulations under the PCT and/or the Administrative cuss solutions to the range of aspects of these complex Instructions thereunder with a view towards provid.
Pages
6
Published in
Switzerland