Plant, where are thou from? - an analysis of the disclosure requirement of origin of genetic resources in patent applications

Abstract: In the last decades one of the main topics in the international intellectual property forum has been the biopiracy issue. Genetic resources and traditional knowledge from developing nations are being misappropriated (i.e. biopiracy), by commercial actors in order to receive patent protection. Developments in genetics and biotechnology have intensified the controversy and attempts were initially sought in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Convention on Biological Diversity (CBD) . However, the discussions in the World Trade Organization (WTO) have been unsuccessful. There is only one solution that continuous to be discussed and it is the main topic of this thesis. The purpose of the thesis is to examine if it is reasonable to impose a requirement to disclose the origin of the genetic resources in patent applications. In order to accomplish the purpose, five questions will be asked and answered. The questions surround what the motive is for such a requirement, the consequences or issues with it, other possible solutions, in what way the requirement should be introduced and if it should be mandatory. A legal dogmatic method will be used to answer the question formulations and to fulfil the purpose. In addition, a law and economics perspective as well as a law and politics perspective will be applied in the analysis. The initial chapters of the thesis present an introduction to patents and the two agreements. The proposed changes to the TRIPS Agreement are then reviewed in the fourth chapter. Possible complications and issues with the disclosure requirement and possible other solutions are finally addressed in the fifth and sixth chapter. Lastly, the thesis will be concluded by the analysis and the conclusion that it is reasonable to impose a requirement of disclosure of origin of genetic resources in patent applications.