ABSTRACT

This chapter focuses on the potential role of databases, contracts and codes of conduct in preventing the erroneous grant of patents on, and the possible misappropriation of, genetic resources (GRs) and associated traditional knowledge (TK). It discusses the Intergovernmental Committee (IGC) about the use of the tools. The chapter also focuses specifically on GRs and associated TK and the proposals that databases, contracts and codes of conduct can be used to prevent the erroneous grant of patents over inventions that are derived from, or utilize, GRs and also associated TK. It examines the potential role of databases, contracts and codes of conduct, with reference to IGC country positions, Intersessional Working Group expert opinions and case studies from around the world. Many delegates to the World Intellectual Property Organization's (WIPO) IGC have indicated support for the role of databases, contracts and codes of conduct for regulating activities that might result in the utilization of GRs, TK and traditional cultural expressions (TCEs).