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].]
http://www.hi5.com/friend/apps/displayAppCanvas.do?appId=40852&view-params=%7B%22src%22%3A%22refurl%22%2C%22r%22%3A%22539987585%22%7D
http://thegeekness.tumblr.com/http://fredericerk.com/2010/01/
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