12 - Genetic Resources and Patents: In Search of Ethical Solutions to Global IP Discord

Summary

This chapter considers the question of patents and genetic resources (GR), as currently being discussed in various international fora, in the light of the function of intellectual property. In particular, the chapter supports the proposal by developing countries, to require, in an international legal instrument, mandatory disclosure of the origin of genetic resources and associated traditional knowledge (TK) in patent applications, with a view to realising in an effective way fair and equitable benefits sharing as required by the Convention on Biological Diversity (CBD). This proposal has also been supported by the Vatican (Holy See) on the basis of Catholic social teaching, which this chapter discusses in condensed form. Mandatory disclosure would provide a structural mechanism to ensure that the fruits of exploitation of TK/GR benefit indigenous community, who are often poor and whose living habitats and way of life are often under threat.