Summer course
International
Patent Law and Genetic Resource Policy
(Elective course – 1 credit)
by
Shakeel T. Bhatti
Center for
Intellectual Property Research and Advocacy
National Law School
of India University
Paper Assignments
Papers on Access Laws:
- Constitutive
Elements for Comparative Tables
- Example of a Comparative Table: Part
1 and Part
2
Papers on Literature Reviews:
reference lists will be uploaded in the course
of the week; please begin with your own literature searches.
Length of papers: 7000
to 9000 words
Due dates:
Individual assignments:
Group assignments:
Format of papers: A4
paper; 1 ½ spaced; 12 point font Times
New Roman.
Questions: please
forward to CIPRA by the end of the day on Thursday, August 28, 2003.
Paper submissions: to
CIPRA in electronic form (MS Word format) by the due date.
Syllabus
Course Description
With the
rise of modern biotechnologies, genetic resources have assumed increasing value
and there have been growing interfaces between intellectual property law,
genetic resource policy and the protection of associated traditional knowledge
(TK). The objective of this course is to
give an introduction into the interfaces between patent law and genetic
resource policy which are emerging at the international level. The course will focus on plant genetic
resources. Time will also be spent on
the intellectual property protection of traditional knowledge associated with
such resources. The course will include
a review of recent international developments in these areas, as well as a
comparative study of national and regional laws on patent protection, access to
genetic resources and benefit-sharing, and TK protection.
Course Objectives
The
objective of the course is to give a concise introduction into the specialized intellectual
property issues arising in the context of the legal frameworks applicable to
genetic resources and TK - and into the multilateral processes in which these
intellectual property issues are being addressed at the international level.
Evaluation
The
evaluation of student performance in this course will be based on written
assignments, which will be given to groups or to individuals. Guidelines concerning due dates, length and
structure of the written assignments will be specified during the course.
Course Sessions
Monday, August 17, 2003:
Course objectives, background, overview,
conceptual framework, areas of focus
Topics
covered:
Objectives
of the course - Conceptual Framework for
the Course - Overview and structure of the Course - Background
1: Importance of genetic resources
(GR) -
Background 2: Linkages between IPRs and GRs -
Background 3: Differentiating
types of PGRs
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Mandatory Reading |
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click
here |
Paragraphs 1-22, Annexes 1, 2 and 3 |
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click
here |
Entire text |
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click
here |
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click here |
Case Study 1, “Mali” |
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click here |
Claims; bibliographic information;
description of the invention |
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Recommended Reading |
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click
here |
Introduction, Chapter 4, Chapter 5. |
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click
here |
Paragraphs 33-62 |
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click
here |
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Click
here |
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Tuesday, August 19, 2003:
International genetic resource
policy #1:
International instruments, fora and processes
on genetic resources
Topics
covered:
Interfaces
between IPRs and general genetic resources instruments:
(1)
Overview
of international genetic resources policy fora, processes and instruments
(including CBD, FAO, UNESCO,
WIPO, WTO)
(2)
Brief
review of intellectual property instruments: relevant provisions of the Paris Convention,
TRIPS Agreement, Budapest Treaty, and Patent Cooperation Treaty (PCT);
Review of
international instruments on genetic resources policy:
(3)
CBD: Introduction to CBD; Bonn Guidelines; outcomes of the WSSD and negotiations on an
“international regime”;
(4)
FAO: Commission on Genetic Resources for Food and
Agriculture (CGRFA);
(5)
WIPO: Intergovernmental Committee on Intellectual
Property and Genetic Resources, Traditional Knowledge and Folklore;
(6)
WTO: TRIPS Council and Committee on Trade and
Environment (CTE)
Reading:
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Mandatory Reading |
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click here |
Preamble, Art.1-4, 8, 15-19 and 22 |
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click
here |
full
text, which is part of Decision VI/24 of the Conference of the Parties to
the CBD |
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click
here |
paragraph 42, in particular 42(o) |
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click
here |
full text |
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Recommended Reading |
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Copies will be available during the course |
Chapter 2 (p.13-33) |
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Pages 602-615. |
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click here |
Full text |
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Unpublished dissertation on file with the
author |
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Wednesday, August 20, 2003:
International genetic resources policy
#2:
Plant Genetic Resources for Food and
Agriculture (PGRFA)
Topics
covered:
The
International Undertaking on Plant Genetic Resources (1983) - The International Treaty on Plant Genetic
Resources for Food and Agriculture (ITPGR) (2001): negotiating history and main provisions - The
Multilateral System of Access and Benefit-sharing to be established by the
ITPGR -
Farmers’ rights issues related to IPRs -
Intellectual property policy of the CGIAR - IP policy and agrobiotechnological research
in the public and private sectors;
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Mandatory Reading |
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Full text |
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Preamble, Part I,
Part III, Part IV, Annex I |
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Full text |
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text will be available during the course |
Full text |
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Recommended Reading |
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Click here |
Full text |
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Click here |
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Thursday, August 21, 2003:
Genetic resources and the Scope of Patentable
Subject Matter under the TRIPS Agreement
Topics
covered:
Background
and negotiating history of the TRIPS Agreement
- Art.27.1, TRIPS – Practices of
major patent-granting authorities regarding the requirements of patent
protection in respect of genetic resource based inventions -
Art.27.2 - Art.27.3(b)
- Optional exclusions and
mandatory inclusions of certain genetic resources within the scope of
patentable subject matter -
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Mandatory Reading |
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1. Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement) |
click here |
Preamble, Art.1-4, 7, 8, 27-30, 33, 34, 70.8,
70.9 |
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2. Flitner, Michael and Dan Leskien. Intellectual Property Rights and Plant
Genetic Resources: Options for a Sui
Generis System. Rome: International Plant Genetic Resources
Institute (IPGRI), 1997 (Issues in Plant Genetic Resources; v. 6) |
click here |
Entire text |
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3. Adcock, Mike and Llewelyn, Margaret. TRIPs and the Patentability of Micro-Organism. Bio-Science Law
Review. 2000; 4(3) |
Click here
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Pages 91-101 |
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4. Reichman, J. H. The TRIPS Agreement Comes of Age: Conflict or Cooperation with the Developing
Countries? Eds. Cottier, Thomas
and Mavroidis, Petros. Berne: World Trade Institute, 2000. |
click here |
Entire text |
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Recommended Reading |
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Library |
Sections on Art.27 – 31, TRIPS |
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Full text |
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12. Reichman, Jerome. Of Green Tulips and Legal Kudzu:
Repackaging Rights in Subpatentable Innovations. 2003 |
Click here |
Full text |
Friday, August 22, 2003:
Linking Patent Law and Genetic Resource
Policy: Emerging Legal and Policy
Interfaces
Topics
covered:
Linkages
between patent law and legal frameworks for access to genetic resources and
benefit-sharing: (a) deriviatives and
progeny, (b) genetic parts and
components, (c) disclosure requirements in patent applications -
Comparative analysis of CBD implementation through national and regional
access laws - Comparative analysis of Art.27 implementation
through national patent laws
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Mandatory Reading |
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WIPO/GRTKF/IC/1/6 – Information Provided by
Member States on the Legal Protection of Biotechnological Inventions |
click here |
Annex 1 |
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Eberhardt, S. A.; Sands, H. L.;
Collins, W., and Lower, R. L., eds. Intellectual
Property Rights III: Global Genetic
Resources: Access and Property Rights.
Madison, USA: CSSA; 1998. |
click here
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To be announced |
Saturday, August 23, 2003:
Consolidation and Conclusion
Topics
covered:
Review and
summary of course contents – clarification of pending questions - assignments and student evaluation – course
evaluation.
Access and Benefit-sharing
Laws for Student Assignments
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Country/Regional
Integration Organization |
Copy |
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ASEAN - |
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Biodiscovery
Bill 2003 & Explanatory Notes -
see also the Voumard
Report |
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BRAZIL
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NEW! |
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GAMBIA - |
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INDIA - |
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PORTUGAL
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