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18 J. Transnat'l L. & Pol'y 131 (2008-2009)
Agreements that Divide: Trips vs. CBD and Proposals for Mandatory Disclosure of Source and Origin of Genetic Resources in Patent Applications

handle is hein.journals/jtrnlwp18 and id is 133 raw text is: AGREEMENTS THAT DIVIDE: TRIPS VS. CBD AND PROPOSALS FOR MANDATORY DISCLOSURE OF SOURCE AND ORIGIN OF GENETIC RESOURCES IN PATENT APPLICATIONS JONATHAN CARR* In an attempt to unify the regulation of intellectual property, the TRIPS Agreement sets forth standards for intellectual property law. Recently, however, many countries have become divided on the is- sue of whether member countries should be required to disclose the source and origin of genetic resources used in patented technologies. Developing countries claim that enforcement of such a requirement would help remedy the global biopiracy problem. This article re- views and assesses the many proposals to amend the TRIPS Agreement as well as the responses from countries, such as the United States, opposing the proposals. Included is a brief discus- sion about the potential economic ramifications of such an amend- ment to TRIPS and discussion of alternative international agree- ments as potential venues for a similar disclosure requirement. TABLE OF CONTENTS I. INTRODUCTION ..................................................................... 132 II. THE CONVENTION ON BIOLOGICAL DIVERSITY (C B D ) ................................................................................... 133 III. THE AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS ....................................... 135 IV. REACTIONS TO THE RELATIONSHIP BETWEEN CBD AN D T R IP S ........................................................................... 136 V. GENERAL VIEWS ABOUT THE CONFLICT BETWEEN A GREEM ENTS ........................................................................ 138 VI. THE PROPOSED TRIPS AMENDMENT ................................... 139 VII. OTHER FORUMS FOR THE MANDATORY DISCLOSURE REQUIREMENT: PCT, IGC, AND SPLT .................................. 142 VIII. OPPOSITION TO THE PROPOSAL ............................................ 144 IX. RESPONSE TO THE OPPOSITION ............................................ 148 X. EXPERIENCES OF OTHER COUNTRIES WITH DISCLOSURE LEGISLATION ................................................... 149 X I. CONCLUSION ........................................................................ 152 * J.D. Candidate, Florida State University College of Law, May 2009; B.S., Brigham Young University. The author gratefully acknowledges Professor Frederick Abbott for his guidance and the Florida State University Journal of Transnational Law & Policy staff for their helpful editing and suggestions.

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