Use Of The Patent System To Protect Genetic Resources

With the development of biotechnology, the value and function of genetic resources andrelated traditional knowledge are more and more recognized. The implementation ofConvention on Biological Diversity (CBD) and some cases related to the geneticresources and traditional knowledge also make the international community begin toconsider the issue of how to take measures to protect their genetic resources andtraditional knowledge. In this connection, developing countries make the proposal ofadding disclosure requirement of the source of genetic resources and related traditionalknowledge in patent system. This proposal is discussed in many international forums asone of the hot issues and become one important aspect of the harmonization ofinternational patent system.From different aspects, this article will analysis this important and complicated issue.The first part introduces the reason of this proposal and explains two important concepts,i.e. genetic resources and traditional knowledge. The second part reviews the relevancediscussion in CBD Conference of Parties, World Intellectual Property Organization,World Trade Organization. Then as the basis and reference of further discussion, thethird part introduces the exiting legislations of some regions and countries in thisregards.The fourth part looks at the possible conflict between the proposed disclosurerequirement and the TRIPS. In this part, a personal idea is expressed that the meaning ofTRIPS is related to the development of society and economic, and if we examine thepatent system in the context of the whole society, we can find the justice of the proposal.Based on the introduction and analysis, the fifth part gives general comments on the aim,the legal basis and the effect of this proposed disclosure requirement. It is pointed in thispart that this proposal also reflects the demand of developing countries to reform theinternational intellectual property rules. This is one of the reasons why there aredivergent opinions on the influence of the proposed requirement.The sixth part of this article explains the basic elements of the disclosure requirement,introduces different suggestions under existing patent laws and analysis five possiblesolutions proposed by the author according to existing Chinese patent law. The finalpart is the conclusion and suggestion, including the personal opinion concerningChinese policy making next step.