mehdi zahedi; Mohammad Hossein Erfanmanesh
Abstract
Due to the need for legal action to protect traditional knowledge and medicine, efforts to prevent unauthorized use and to consolidate the possession of the owner countries on this knowledge have been made in the international arena. One of the key and most challenging proposed mechanisms for protection ...
Read More
Due to the need for legal action to protect traditional knowledge and medicine, efforts to prevent unauthorized use and to consolidate the possession of the owner countries on this knowledge have been made in the international arena. One of the key and most challenging proposed mechanisms for protection of traditional knowledge and medicine is disclosure requirements through the sui generis system of traditional knowledge protection. According to this proposal which targets misappropriation of traditional medicine through patent applications involving the utilization of traditional knowledge, patent applicants would be required to disclose the country providing such resources, and to provide relevant information regarding compliance with prior informed consent and access and fair and equitable benefit. The question that this Article tries to examine is to what extent the disclosure requirement could provide effective protection for traditional medicine and prevent biopiracy? Also, as it is proposed that these requirement to be incorporated in TRIPS Agreement within World Trade Organization and draft articles for protection of traditional knowledge in World Intellectual Property Organization, this Article will analyses the process and challenges of both proposals.
