Positive patent Established patent No direct protection for: Review or adapt patentability criteria and standards protection system, including (i) Collective, to recognize TK systems and collective interests: standards and cumulative and - internationally for a coordinated approach, and/or procedures in TRIPS intergenerational - nationally/regionally to maintain necessary and PCT innovation as such flexibility (ii) Systems of TK as Protection of marks, such (in contrast to Establish sui generis protection (see below) symbols and names specific innovations associated with TK and within TK systems, and Recognize that as much of TK falls outside the TK systems means of certifying boundaries of the patent system it may be authenticity and preferable to deal with TK innovation systems on protecting distinctive their own terms signs and reputations) Aspects of protecting (a) existing measures (b) gaps identified (c) and (d) considerations and options TK Inventions based on TK Specific PCT, IPC, IGC No agreed international Introduce disclosure mechanisms for TK measures to recognize norm for specific - internationally for a coordinated approach, and/or TK disclosure mechanism - nationally/regionally to maintain necessary for TK and associated flexibility genetic resources - several proposals Strengthen framework of contractual obligations (CBD, WTO, WIPO) governing access to TK under national law to require disclosure and other conditions of access to TK Undisclosed TK TRIPS standards on the No explicit standards on: Clarify or adapt existing standards to ensure: protection of (i) TK disclosed within a (i) Restricted dissemination within a defined
Positive patent protection Established patent system, including standards and procedures in TRIPS and PCT Protection of marks, symbols and names associated with TK and TK systems No direct protection for: (i) Collective, cumulative and intergenerational innovation as such (ii) Systems of TK as such (in contrast to specific innovations within TK systems, and means of certifying authenticity and protecting distinctive signs and reputations) Review or adapt patentability criteria and standards to recognize TK systems and collective interests: - internationally for a coordinated approach, and/or - nationally/regionally to maintain necessary flexibility Establish sui generis protection (see below) Recognize that as much of TK falls outside the boundaries of the patent system it may be preferable to deal with TK innovation systems on their own terms Aspects of protecting TK (a) existing measures (b) gaps identified (c) and (d) considerations and options Inventions based on TK Specific PCT, IPC, IGC measures to recognize TK No agreed international norm for specific disclosure mechanism for TK and associated genetic resources - several proposals (CBD, WTO, WIPO) Introduce disclosure mechanisms for TK - internationally for a coordinated approach, and/or - nationally/regionally to maintain necessary flexibility Strengthen framework of contractual obligations governing access to TK under national law to require disclosure and other conditions of access to TK Undisclosed TK TRIPS standards on the protection of No explicit standards on: (i) TK disclosed within a Clarify or adapt existing standards to ensure: (i) Restricted dissemination within a defined
wipo_grtkf_ic_37_6.docx