ICT Protection? BETTER INSTRUMENT FOR IP???

Maybe we need ICT Legal instrument for protect access on appropriate information too
http://www.wipo.int/meetings/en/details.jsp?meeting_id=29683

[SCOPE OF [INSTRUMENT] [PROTECTION]] [LEGAL OBLIGATIONS]

Option 1

3.1       [The scope of this instrument is [to provide measures for the [intellectual property] [patent] system to support compliance with ABS regimes through the disclosure of [country of source and origin of] [information on] genetic resources, [derivatives], and [associated traditional knowledge] [traditional knowledge associated with genetic resources] and [the provision of information to [intellectual property] [patent] offices to [prevent] [grant of erroneous [patents] [intellectual property]] and [misappropriation]] and to enhance transparency in the [intellectual property] [patent] system].]

Option 2

3.2       [Member States may consider implementing national laws outside the [patent] [intellectual property] system to regulate conduct and manage access to genetic materials.]

[Disclosure Protection

OPTION 1

Formalities Requirements for Disclosure

Trigger

3.3              [Each] [Party] [Country] [Intellectual property] [Patent] [offices] shall have a [mandatory] [disclosure] requirement for [disclosure that applies to] [patent] [intellectual property rights] applications that [claim [inventions] [intellectual property]] [involve] [arising from] [are directly based on] [utilization of] genetic resources, [derivatives] and [associated traditional knowledge] [traditional knowledge associated with genetic resources] [wherein:

(a)  the [invention] [intellectual property] makes immediate use of the genetic resource, that is, the [invention] [intellectual property] depends on the specific properties of the resource; and

(b)  the inventor possessed, or at least had contact which is sufficient enough to identify the properties of, the genetic resource relevant for the [invention] [intellectual property].]

3.4       Patent offices shall have a mandatory requirement for disclosure, as elaborated in this international legal instrument, when patenting of genetic resources would cause harm to the interests of indigenous [peoples] and local communities

3.5       The disclosure requirement for traditional knowledge in this instrument will only apply to patent applications that claim [inventions] [intellectual property] for which the inventor consciously derived the [invention] [intellectual property] from [associated traditional knowledge] [traditional knowledge associated with genetic resources].

 [Exclusions

3.6       A [patent] [intellectual property] disclosure requirement related to genetic resources [their derivatives] and [associated traditional knowledge] [traditional knowledge associated with genetic resources] shall not apply to the following:

(a)  all human genetic resources including human pathogens;

(b)  [derivatives];

(c)  commodities;

(d)  traditional knowledge in the public domain;

(e)  genetic resources found outside of national jurisdictions; and

(f)        all genetic resources acquired before the national implementations of [the Convention on Biological Diversity and the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity].]