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Washington University in St. Louis

Washington University Journal of Law & Policy

International Law

2005

Consent (Law)

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From The Shaman's Hut To The Patent Office: In Search Of A Trips-Consistent Requirement To Disclose The Origin Of Genetic Resources And Prior Informed Consent, Nuno Pires De Carvalho Jan 2005

From The Shaman's Hut To The Patent Office: In Search Of A Trips-Consistent Requirement To Disclose The Origin Of Genetic Resources And Prior Informed Consent, Nuno Pires De Carvalho

Washington University Journal of Law & Policy

The introduction in patent statutes of a requirement to disclose the origin of genetic resources and prior informed consent of the use of traditional knowledge in claimed inventions (hereinafter “the Requirement”) has been at the center of an international debate for the last few years. Many developing, biodiversity-rich countries consider that the Requirement is an essential component of a broader approach to patent law, which should be informed by considerations of economic development. At the other end of the spectrum, a few industrialized countries believe that the Requirement is not only incompatible with current international law, in particular the TRIPS ...