Mandatory disclosure of the origin of the genetic resources in patent application is a part of my ITTI project. It aims to comply with Convention on Biological Diversity (CBD) Article 15 which governs access of genetic resources, and thus to promote access and benefit sharing (ABS). However, mandatory disclosure policy is very controversial around the world and many counties have different opinion on this issue.
In general, many developing countries, which are normally genetic resources owners, favour the mandatory disclosure policy. In contrast, many developed countries are against this approach saying the disadvantages overweigh its benefits. There are also some countries hold a neutral attitude.
According to current conditions of global patent system structure and genetic resources relevant database, it appears that the mandatory disclosure policy isn't very realistic and it can hardly be enforced. First, there isn't a comprehensive genetic resources database to track down and to find if the disclosure of origin is correct and accurate. Second, the policy will certainly increase the workload of patent offices around the world to track down the genetic resources. Moreover, mandatory disclosure requirement as such cannot promote ABS, without the support from other relevant policies such as prior consent and fair contractual relation based system.
Currently, only a few countries around the world apply the mandatory disclosure requirement in their patent system, and China is one of them. The 3rd revision of Patent Law of China (the new patent law) has become into effect on October 1, 2009. And article 5 and 26 of the new patent law govern the genetic resources and mandate its disclosure. Because it's only been 1 month since the new regulation became into effect, there isn't too much information about the enforcement and detailed situation of it. ITTI will continue to monitor the situation regarding the new patent law of China.
