Disclosure Requirements: Ensuring Mutual Supportiveness Between the Wto Trips Agreement and the CBD -

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Résumé :
Offers a compilation of short essays and articles that provide technical input and proposals, which serve to build an analytical foundation to promote and stimulate legislative, regulatory and policy processes on disclosure at the national and international levels.

Sommaire:
Acknowledgements, 5; Preface, 7; Introduction, 9; User measures to resolve potential conflicts between the WTO and the CBD by Selim Louafi and Brendan Tobin, 13; I. Overview, 13; II. CBD and benefit sharing - 10 years on, 13; III. Failure of the status quo, 13; IV. User measures, 14; V. Certificates of origin, 14; VI. Conclusion, 15; Prior informed consent and access to genetic resources by Maria Julia Oliva and Ann Perrault, 17; I. Overview, 17; II. Background: evolution of the concept of PIC, 17; III. PIC in the context of access to genetic resources, 18; IV. Intellectual property and the recognition and implementation of PIC, 19; V. Conclusions, 20; Feasibility of national requirements for disclosure of origin by Michael A. Gollin, 21; I. Overview, 21; II. Disclosure in the Convention on Biological Diversity (CBD), 21; III. Implementing disclosure requirements at the national level, 21; IV. Arguments against DOO requirements, 22; V. Conclusions, 22; Toward an effective disclosure mechanism: justification, scope and legal effects by David Vivas-Eugui and Manuel Ruiz, 23; I. Introduction, 23; II. What type of mechanism and why?, 24; III. Objectives of the mechanism, 25; IV. Scope of a disclosure mechanism, 25; V. Legal nature and procedural aspects, 27; VI. Legal effects, 27; VII. Conclusions, 28; Addressing the disclosure requirement at the international level: the role of the TRIPS agreement by Begona Venero, 29; I. Overview, 29; II. Example 1: Patents related to Maca (Lepidium meyenii), 29; III. Example 2: Patents related to Una de Gato (Uncaria tomentosa), 30; IV. Role of different international forums, 31; V. Nature, format and elements of disclosure requirements in the TRIPS agreement, 31; VI. Conclusions: next steps towards introducing disclosure requirements and a misappropriation regime in the TRIPS Agreement, 32. Switzerland's proposals for disclosure of the source of genetic resources and traditional knowledge in patent applications; and views on prior informed consent and benefit sharing in patent applications by Felix Addor, 35; I. Overview, 35; II. Switzerland's proposals, 35; III. Evidence of prior informed consent (PIC) and benefit sharing in patent applications, 38; IV. The role of the TRIPS agreement, 39; V. Conclusions, 40; Appendix: Switzerland's proposed amendments to PCT-Regulations, 41; Disclosure of origin: time for a reality check? by Graham Dutfied, 43; I. Overview, 43; II. What should be the underlying objectives of disclosure of origin?, 43; III. Should we continue to use the term disclosure of origin? Or are there better alternatives?, 43; IV. What should be the relationship between the genetic material and the claimed invention, and what terminology should be used?, 44; V. What should be the consequence of failure to disclose origin or of disclosing origin falsely?, 44; VI. How should disclosure of origin be incorporated into international law, and what might be the implication of the different possible decision on this?, 44; VII. Conclusions: what practical difference would disclosure of origin make anyway?, 44; Conclusions, 45.