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Combating biopiracy in Australia: Will a disclosure requirement in the Patents Act 1990 be more effective than the current regulations?

Citation

Dawkins, V, Combating biopiracy in Australia: Will a disclosure requirement in the Patents Act 1990 be more effective than the current regulations?, The Journal of World Intellectual Property, 21, (1-2) pp. 15-31. ISSN 1422-2213 (2018) [Refereed Article]

Copyright Statement

2017 The Authors. The Journal of World Intellectual Property 2017 John Wiley & Sons Ltd

DOI: doi:10.1111/jwip.12086

Abstract

Genetic and biochemical resources have the ability to provide considerable economic, social and environmental benefits to a nation. Traditional knowledge of these natural resources is extensive. Biopiracy occurs when commercial actors appropriate traditional knowledge without recognition or benefit‐sharing. It has faced international condemnation. The importance of acknowledging traditional knowledge and ensuring benefit‐sharing from inventions based on this knowledge is recognized. This paper explores strategies for protection of traditional knowledge and considers the adequacy of Australia's approach. It discusses the global problem of biopiracy and Australia's international obligations. It explores Australia's current protection, including part 8A of the Environment Protection and Biodiversity Conservation Regulations (2000) (Cth). This paper then compares Australia's strategy to the protections afforded in the United States, New Zealand and Brazil. It is argued that an additional disclosure of origin and source requirement within the Australian Patents Act 1990 (Cth) would assist in better protection of traditional knowledge and the promotion of benefit‐sharing.

Item Details

Item Type:Refereed Article
Keywords:Australia, continents, patents, regions or location, traditional knowledge
Research Division:Law and Legal Studies
Research Group:Environmental and resources law
Research Field:Environmental law
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Legal processes
UTAS Author:Dawkins, V (Ms Verity Dawkins)
ID Code:125651
Year Published:2018
Deposited By:Office of the Faculty of Law
Deposited On:2018-04-26
Last Modified:2018-12-07
Downloads:0

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