ABSTRACT

This chapter describes the proposals Switzerland submitted to the Traditional Knowledge and Folklore (IGC) on the requirement for patent applicants to disclose the source of genetic resources and traditional knowledge in patent applications. It also describes the parallel requirement. Switzerland's involvement in IGC process and its recognition of the importance of the issues being discussed in that forum are based on its interest of having fair and balanced intellectual property system. While Switzerland is not a 'demandeur' when it comes to these issues, and believes that their resolution results in a better and more robust, fair, predictable and transparent patent protection system. In order to achieve goal, Switzerland has taken a parallel approach in which a proposed amendment to Patent Cooperation Treaty (PCT) was put forward, while at the time revising the Patents Act. Switzerland has therefore concentrated its efforts towards the introduction of new measure, namely the declaration of source of genetic resources and traditional knowledge in patent applications.