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    Disclosure of origin of biological materials in patent applications

    Prepared by the ICC commission on : Intellectual Property
    Publication date : 10/04/2002 | Document Number : 450/941

    The Convention on Biological Diversity (CBD) was enacted with three objects: promoting conservation of biological resources, use of such resources in sustainable development and equitable sharing of the resulting benefits.

    It has been suggested that patent applicants, when filing patent applications concerned with biological resources, should assist the objectives of the CBD by:

    • disclosing the origin of those resources;
    • providing evidence of Prior Informed Consent that such resources have been accessed in accordance with the provisions of the CBD. These proposals may be referred to broadly as Source Disclosure.