The WIPO IGC Chair’s Draft on IP and Genetic Resources—Reasons for concern

Abstract

Abstract The requirement to disclose certain information in a patent application in order to promote compliance with national rules on access and benefit-sharing (ABS) related to genetic resources (GRs) has been a very controversial topic. After decades of disagreements, an international instrument in this area is expected to be agreed during a World Intellectual Property Organization (WIPO) Diplomatic Conference to be held in 2024. The basis for the final steps in the negotiation is the Chair’s Draft prepared by the Secretariat of the WIPO Intergovernmental Committee. The question is, however, whether this Draft has the potential to achieve the desired goals. This article undertakes a critical analysis of the Draft to assess its adequacy for an effective protection of GRs and its suitability for strategic policies on ABS. We also explore alternative regulatory options for specific issues.