Understanding Global And Indian Patent Disclosure Requirements For Genetic Resources And Traditional Knowledge

Abstract

A thoughtful exploration of Patent Disclosure Requirements (PDRs) within the context of the global patent system and legal policy frameworks of different nations, with special reference to India, and PDRs emergence as a linchpin in the preservation and safeguarding of Genetic Resources (GRs) and Traditional Knowledge (TK), particularly when intertwined with the heritage of indigenous and local communities, their significance as guard against biopiracy, while upholding the doctrine of Access and Benefit-Sharing (ABS) as envisioned by the Convention on Biological Diversity (CBD) and the Nagoya Protocol. PDRs scope to mandate transparently revealing the origins and sources of GRs and TK, deployed in their innovations for patents. PDRs are a litmus test for patent offices and governing authorities to assess the reliability of patent claims and are an indispensable weapon in the fight against biopiracy. Further, different kinds and the evolving nature of PDRs are also acknowledged, as they adapt to cope with new challenges, technological advancements, and the dynamic evolution of the legal framework, finally, positioning PDRs as key protagonists in shaping responsible innovation while preserving biodiversity.