ABSTRACT

This chapter focuses on developed country concerns regarding mandatory genetic resources and associated traditional knowledge (GRAATK) disclosure of origin (DOO) requirement in the context of existing burdens and uncertainties in the patent system. It provides additional background on the motivations of demandeurs and the validity of concerns articulated by opponents of a mandatory DOO requirement that such a requirement will impose untenable, innovation-deterring burdens and legal uncertainty on the global patent system. The chapter highlights several examples of current burdens and areas of uncertainty in the patent system. It describes an alternative approach that non-demandeur countries should consider adopting in Intergovernmental Committee (IGC) negotiations in light of the increasing inclusion of DOO provisions in national patent laws. The chapter further concludes that far from being the straw that may break the camel's back, a properly constructed, formal, treaty-based DOO requirement need not harm, and may even enhance, innovative activity in user and provider countries.