The Protection of Traditional Knowledge Related to Genetic Resources: The case for a modified patent application procedure

Abstract

This work assesses some of the ways in which TK related to genetic resources is protected. The first part addresses the use of patents and their shortcomings in protecting this type of knowledge. To compensate for these weaknesses, the second section of this work argues for the inclusion of sui generis elements into patent law. With regard to TK related to genetic resources, the introduction of procedural safeguards into the patent application procedure would provide an effective model of protection. The final part of this work will address the international dimension of TK protection.