Abstract
Bioprospecting and biopiracy are an increasing problem, particularly for developing nations. Large companies, usually from developed nations, gather biological samples to use in research, and often patent the results without sharing profits with the nations from which the biological samples were taken. The Convention on Biological Diversity (CBD) attempted to address these issues by stating that natural resources belong to the source nations, and entities wishing to use those resources should obtain prior informed consent before using them. The CBD, however, lacks an enforcement mechanism. Other nations and organizations have proposed amendments to Agreement on Trade-Related Aspects of Intellectual Property Rights and the Patent Cooperation Treaty to bring these laws more in line with the spirit of the CBD, but there has been little progress made on these proposals. This article provides a proposed genetic source and prior informed consent disclosure that the U.S. can implement that will not significantly upset the current patent regime, bring the U.S. into closer harmony with the CBD, and make the U.S. a model for other nations to implement similar legislation.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
