Genetic resources and traditional knowledge Sample Clauses

Genetic resources and traditional knowledge. 1. The Parties acknowledge paragraph 19 of the Ministerial Declaration (WT/MIN/(01)DEC/1), adopted on November 14, 2001 by the WTO Ministerial Conference, on the relationship between the TRIPS Agreement and the CBD and the protection of genetic resources, traditional knowledge, and folklore. 2. The Parties recognize the value and importance of biological diversity, traditional knowledge as well as the contribution of knowledge, innovations, and practices of indigenous and local communities to the conservation and sustainable use of biological diversity. Each Party shall have the authority to determine access to genetic resources in accordance with its domestic legislation and endeavor to create conditions to facilitate transparent access to genetic resources for environmentally sound uses. 3. Subject to their domestic legislations and the CBD, the Parties respect knowledge, innovations, and practices of indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity and promote their wider application with the involvement and approval of the holders of such knowledge, innovations, and practices. 1 For purposes of this paragraph, "protection" shall include matters affecting the availability, acquisition, scope, maintenance, and enforcement of intellectual property rights as well as those matters affecting the use of intellectual property rights specifically addressed in this Chapter. 4. Each Party shall endeavor to seek ways to share information on patent applications based on genetic resources or traditional knowledge by providing: (a) publicly accessible database that contains relevant information; and (b) opportunities to file prior art to the appropriate examining authority in writing. 5. The Parties agree to share views and information on discussions in the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore, the WTO TRIPS Council, and any other relevant fora in addressing matters related to genetic resources and traditional knowledge.
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Genetic resources and traditional knowledge. 1. The Parties recognise the contribution made by genetic resources and traditional knowledge to scientific, cultural and economic development. 2. The Parties acknowledge and reaffirm the principles established in the Convention on Biological Diversity adopted on 5 June 1992 and encourage the effort to enhance a mutually supportive relationship between the TRIPS Agreement and the Convention on Biological Diversity, regarding genetic resources and traditional knowledge. 3. Subject to each Party’s international rights and obligations and domestic laws, the Parties may adopt or maintain measures to promote the conservation of biological diversity and the equitable sharing of benefits arising from the use of genetic resources and traditional knowledge. 4. The Parties may require that patent applicants should indicate the source of a genetic resource and, if so provided by the national law, traditional knowledge, to which the inventor or the patent applicant has had access, insofar as the invention is directly based on this resource or this knowledge in accordance with domestic laws and regulations; 5. If a patent application does not meet the requirements of paragraph 4, the Parties may set a time limit by which the applicant must correct the defect. The Parties may refuse the application or consider it withdrawn if the defect according to this paragraph has not been corrected within the set time limit. 6. If it is discovered after the granting of a patent that the application failed to disclose the source or that intentionally false information was submitted, or other relevant laws and regulations were violated, the Parties may provide for appropriate legal consequences.
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Genetic resources and traditional knowledge. 5B.1 The Parties will recognise the existence and promote the effective protection of Genetic Resources and Traditional Knowledge (GRTK) and prevent any exploitation and misuse of GRTK in the conduct of the Project. 5B.2 Any utilisation of GRTK under this Agreement will be carried out through specific arrangements to be concluded by the Parties.
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Genetic resources and traditional knowledge. 1. The Parties reaffirm their sovereign rights over their natural resources. The Parties also recognize their rights and obligations as established by the Convention on Biological Diversity, the International Treaty on Plant Genetic Resources for Food and Agriculture and other relevant international agreements to which they are a party with respect to access to genetic resources and associated traditional knowledge, the fair and equitable sharing of benefits arising out of the utilization of these genetic resources, and associated traditional knowledge, considering the close and traditional dependence of indigenous and local communities embodying traditional lifestyles on genetic resources. 2. The Parties recognize the importance and the value of biological diversity and traditional knowledge of indigenous and local communities. Each Party shall determine the access conditions to its genetic resources in accordance with its international obligations. 3. The Parties shall take policy, legislative, and administrative measures in accordance with their international obligations, as appropriate, for the fulfilment of terms and conditions for access to genetic resources and associated traditional knowledge. 4. The Parties shall take legislative, administrative, or policy measures in accordance with their international obligations, as appropriate, with the aim of sharing in a fair and equitable way the benefits arising from commercial or other utilization of genetic resources and associated traditional knowledge. Such sharing shall be based upon mutually agreed terms established at the time of access. 5. The Parties may, by mutual agreement, review this Article in light of the results of multilateral negotiations.
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