A Study on Mandatory Disclosure Requirement of Genetic Resources

At the 63rd WIPO General Assembly in 2022, it was decided to hold a diplomatic conference on “disclosure requirements” in 2024. This decision signifies a significant step toward the adoption of disclosure requirement regime as an international standard. Under this circumstance, it is essential that...

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Main Author: Youngmo Kim
Format: Article
Language:English
Published: Korea Institute of Intellectual Property 2024-06-01
Series:Journal of Intellectual Property
Subjects:
Online Access:https://jip.or.kr/1902-04/
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author Youngmo Kim
author_facet Youngmo Kim
author_sort Youngmo Kim
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description At the 63rd WIPO General Assembly in 2022, it was decided to hold a diplomatic conference on “disclosure requirements” in 2024. This decision signifies a significant step toward the adoption of disclosure requirement regime as an international standard. Under this circumstance, it is essential that the outcome is a legally precise instrument that is workable for patent offices and users. It is crucial that patent offices can implement the instrument without incurring additional or unreasonable operational costs. Furthermore, it is crucial that innovators (particularly SMEs) can navigate national requirements without uncertainty or financial burden. For the purpose, ⓐthe provisions of the legal instrument have been drafted to function as part of the existing patent system; ⓑThe disclosure requirement must be clear and reasonable to allow patent offices to implement the system easily and without undue burden, and to ensure that applicants are able to meet its requirements; ⓒSanctions must be balanced and take account of the underlying objectives of the instrument to ensure that the system is used appropriately while avoiding chilling effects on innovation; ⓓThis disclosure requirement is required to enhance the efficacy, transparency, and quality of the patent system, and to bring consistency and predictability to disclosure requirements across jurisdictions.
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spelling doaj-art-15f23d3f2dcd4d859a40b21874cc0d2f2025-08-20T02:28:40ZengKorea Institute of Intellectual PropertyJournal of Intellectual Property1975-59452733-84872024-06-01192759610.34122/jip.2024.19.2.75A Study on Mandatory Disclosure Requirement of Genetic ResourcesYoungmo Kim0Ph.D. Student in Industrial Security, Graduate Program in Security Convergence Science, Chung-Ang University, Republic of KoreaAt the 63rd WIPO General Assembly in 2022, it was decided to hold a diplomatic conference on “disclosure requirements” in 2024. This decision signifies a significant step toward the adoption of disclosure requirement regime as an international standard. Under this circumstance, it is essential that the outcome is a legally precise instrument that is workable for patent offices and users. It is crucial that patent offices can implement the instrument without incurring additional or unreasonable operational costs. Furthermore, it is crucial that innovators (particularly SMEs) can navigate national requirements without uncertainty or financial burden. For the purpose, ⓐthe provisions of the legal instrument have been drafted to function as part of the existing patent system; ⓑThe disclosure requirement must be clear and reasonable to allow patent offices to implement the system easily and without undue burden, and to ensure that applicants are able to meet its requirements; ⓒSanctions must be balanced and take account of the underlying objectives of the instrument to ensure that the system is used appropriately while avoiding chilling effects on innovation; ⓓThis disclosure requirement is required to enhance the efficacy, transparency, and quality of the patent system, and to bring consistency and predictability to disclosure requirements across jurisdictions.https://jip.or.kr/1902-04/genetic resourcesdisclosure requirementnagoya protocolchair’s textabs
spellingShingle Youngmo Kim
A Study on Mandatory Disclosure Requirement of Genetic Resources
Journal of Intellectual Property
genetic resources
disclosure requirement
nagoya protocol
chair’s text
abs
title A Study on Mandatory Disclosure Requirement of Genetic Resources
title_full A Study on Mandatory Disclosure Requirement of Genetic Resources
title_fullStr A Study on Mandatory Disclosure Requirement of Genetic Resources
title_full_unstemmed A Study on Mandatory Disclosure Requirement of Genetic Resources
title_short A Study on Mandatory Disclosure Requirement of Genetic Resources
title_sort study on mandatory disclosure requirement of genetic resources
topic genetic resources
disclosure requirement
nagoya protocol
chair’s text
abs
url https://jip.or.kr/1902-04/
work_keys_str_mv AT youngmokim astudyonmandatorydisclosurerequirementofgeneticresources
AT youngmokim studyonmandatorydisclosurerequirementofgeneticresources