Transparency through the disclosure of patented inventions
has been a defining feature of the modern patent
system since its inception. As modern innovation continues
to build upon and further advances the diversity
of genetic resources, recent discussions have identified
questions as to whether existing patent disclosure requirements
should be additionally expanded through
specific disclosure requirements for genetic resources
and traditional knowledge to further improve the transparency
and efficacy of the patent system.
In 2002, the World Intellectual Property Organization
(WIPO) was requested by the Conference of the Parties
to the Convention on Biological Diversity (CBD) to prepare
a technical study on questions pertaining to patent
disclosure requirements related to genetic resources and
traditional knowledge. The resulting WIPO Technical
Study was made available to the Conference of the Parties
of the CBD in 2004, and it was widely appreciated.
More recently, and as policy, legal and practical questions
pertaining to patent disclosure requirements related to
genetic resources and traditional knowledge are being
discussed at WIPO in the context, in particular, of the
WIPO Intergovernmental Committee on Intellectual
Property and Genetic Resources, Traditional Knowledge
and Folklore (the IGC), many have called for updated and
improved empirical information on these questions. At
its Twenty-Ninth Session in 2016, the IGC endorsed the
updating and improving of the Technical Study from
2004 and requested the WIPO Secretariat to complete
the exercise as soon as possible.