Introduction. NFA-LD Page 1/5

Similar documents
Intellectual Property. EMBL Summer Institute 2010 Dusty Gwinn WVURC

General intellectual property

PATENT, TRADEMARK & COPYRIGHT!

Second medical use or indication claims

Jordanian Patent Office

Second medical use or indication claims. Winnie Tham, Edmund Kok, Nicholas Ong

DAY ONE: Monday, February 26, 2018

Agreements, Conventions and Legal Issues

Louisiana State University System

Human Rights, Knowledge and Intellectual Property Protection

From Index Chemicus for chemical documentation to integrated tools for intelligent retrieval Future of the History of Chemical Information

WIPO IGC Seminar 26 May Susan H. Bragdon, Representative, Food & Sustainability, Quaker United Nations Office

Litigation Webinar Series. Hatch-Waxman 101. Chad Shear Principal, San Diego

Adam BOGER, Marc RICHARDS, Elise SELINGER, Jay WESTERMEIER

It has been almost six years

Intellectual Property Laws Amendment Bill

The EPO approach to Computer Implemented Inventions (CII) Yannis Skulikaris Director Operations, Information and Communications Technology

Ad Hoc Expert Group on Traditional Knowledge and Traditional Cultural Expressions

INDIGENOUS PEOPLES INTELLECTUAL AND REAL PROPERTY: FREE PRIOR INFORMED CONSENT

U.S. Department of Agriculture Agricultural Research Service Nonfunded COOPERATIVE AGREEMENT

WILDERNESS ACT. Public Law (16 U.S. C ) 88 th Congress, Second Session September 3, 1964

344/1 OPEN BOOK EXAMINATION : 1 : Roll No. Time allowed : 3 hours Maximum marks : 100. Total number of questions : 6 Total number of printed pages : 7

Rksassociate Advocates & Legal Consultants ebook

PATENT ACT (UNOFFICIAL CLEAR TEXT) I. GENERAL PROVISIONS

11th Annual Patent Law Institute

The Challenge of Sustaining Capitalism

Academy of Court- Appointed Masters. Section 1. Types of Appointments

Injunctions for patent infringement after the ebay decision Fitzpatrick, Cella, Harper & Scinto

THE WILDERNESS ACT. Public Law (16 U.S.C ) 88th Congress, Second Session September 3, 1964 (As amended)

The Reality of Aid 2014 Report Theme Statement: Partnerships and the Post-MDGs

The methods and procedures described must be directly applicable to production.

The relevance of traditional knowledge to intellectual property law

THE PATENT LAW 1. GENERAL PROVISIONS. Article 1. This Law shall regulate the legal protection of inventions by means of patents.

PROTECTING TRADITIONAL MEDICINAL KNOWLEDGE AND ASSOCIATED KNOWLEDGE HOLDERS THROUGH ACCESS & BENEFIT SHARING MODEL: AN INDIAN PERSPECTIVE

Case 1:16-cv ER Document 18 Filed 04/19/16 Page 1 of 59

3. INTELLECTUAL PROPERTY POLICY & LEGAL FRAMEWORK

WORLD INTELLECTUAL PROPERTY ORGANIZATION GENEVA

Comparative Analysis of the U.S. Intellectual Property Proposal and Peruvian Law

Draft 2 Hanoi, 2006 DECREE

DRAFT PATENT LAW OF GEORGIA CHAPTER I. GENERAL PROVISIONS

Clinical Research Services

THE ACTS ON AMENDMENTS TO THE PATENT ACT */**/***/****/*****/******/*******

BS5 Offering advocacy and member services The role of business associations in fostering Local Pharmaceutical Production

Informal Brief. The Treatment Of Intellectual Property In The Ministerial Declaration: Mandated Negotiations And Reviews

The Initiative Industry: Its Impact on the Future of the Initiative Process By M. Dane Waters 1

TULANE JOURNAL OF TECHNOLOGY AND INTELLECTUAL PROPERTY

Section 1: General. This question does not imply that the topic of exclusions from patentability is dealt with in this question exhaustively.

Second medical use or indication claims. Mr. Antonio Ray ORTIGUERA Angara Abello Concepcion Regala & Cruz Law Offices Philippines

Unintended Negative Consequences of Joint Ownership of a Patent

Leaders and Leadership. Chapter Ten

Rules/Litigation Subcommittee Meeting Minutes October 9, 2014 Teleconference

chemical, bacteriological (biological), radiological or nuclear weapons;

The Korean Drug Approval-Patent Linkage System: A Comparison with the US Hatch-Waxman Act

Given the ongoing changes in accounting, Alternative Dispute Resolution for Accounting and Related Services Disputes DEPT

A SUBMISSION TO THE DEPARTMENT OF SUSTAINABILITY, ENVIRONMENT, WATER, POPULATION AND COMMUNITIES SHOULD AUSTRALIA SIGN THE NAGOYA PROTOCOL?

A Knowledge Commons Framework for the Governance of Bioprospecting Relationships. Aman Gebru. Benjamin N. Cardozo Law School

Issued by the PECC Standing Committee at the close of. The 13th General Meeting of the Pacific Economic Cooperation Council

EXCO Lisbon 2002 REPORT

EXTENDING THE LIFE OF A PATENT IN THE UNITED STATES

FACILITATING PRIOR INFORMED CONSENT In the Context of Genetic Resources and Traditional Knowledge 1

UNIVERSITY OF ARIZONA GUIDELINES FOR RESEARCH AND INSTITUTIONAL ENGAGEMENT WITH NATIVE NATIONS

Professor Sara Anne Hook, M.L.S., M.B.A., J.D AIPLA Spring Meeting, May 14, 2011

AGENDA NINTH SESSION SEPTEMBER 1, Accepting Minutes of July 7, 2016 & August 4, Reports of Standing/Special Committees

Explore how English traditions influenced the development of colonial governments.

REPORT BY H.E. AMBASSADOR MARÍA TERESA INFANTE FACILITATOR OF THE SUB-WORKING GROUP ON NON-STATE ACTORS OF THE OPEN-ENDED WORKING GROUP ON TERRORISM

Developing Country Concerns and Multilateral Trade Negotiations

Global Access to Medicines Program Compiled by Stephanie Rosenberg. December 2, This chart compares provisions from the following texts:

Please number your answers with the same numbers used for the corresponding questions.

Overview of the Patenting Process

Government Contract. Andrews Litigation Reporter. Intellectual Property Rights In Government Contracting. Expert Analysis

CBD - Nagoya Protocol the global perspectives and its relevance in Nepal

SWAKOPMUND PROTOCOL ON THE PROTECTION OF TRADITIONAL KNOWLEDGE AND EXPRESSIONS OF FOLKLORE

ARGENTINA Patent Law Law No as amended by Law No enacted on Enter into force on

SWEDEN PATENTS ACT No.837 of 1967 in the version in force from July 1, 2014

Note verbale dated 9 July 2015 from the Permanent Mission of Sao Tome and Principe to the United Nations addressed to the Chair of the Committee

Information Note. for IGC 39. Prepared by Mr. Ian Goss, the IGC Chair

A Patents, Copyrights, Intellectual Property Policy

Utility Models Act. Passed RT I 1994, 25, 407 Entry into force

Senate Committee on Criminal Justice (515) THE NEED FOR PRETRIAL DIVERSION

September Community Trademark: Recent Decisions

INTELLECTUAL PROPERTY LAW ARTICLE

H. R. ll. To increase competition in the pharmaceutical industry. IN THE HOUSE OF REPRESENTATIVES A BILL

WELCOME TO DISPATCHNINJA! 1. DEFINITIONS

AUBURN UNIVERSITY OFFICE OF INNOVATION ADVANCEMENT AND COMMERCIALIZATION. Ready To Sign non-exclusive licensing program

EMERGING SECURITY CHALLENGES IN NATO S SOUTH: HOW CAN THE ALLIANCE RESPOND?

POLICY ON INVENTIONS, PATENTS AND INTELLECTUAL PROPERTY. Summa Health System Akron, Ohio

Looking Within the Scope of the Patent

CHAPTER 2 AUTHORS AND PATENT OWNERS Article 5. Author of the Invention, Utility Model, and Industrial Design Article 6.

DECISION 486 Common Intellectual Property Regime (Non official translation)

Proposal to include the Indian Traditional Knowledge Digital Library in the PCT Minimum Documentation. Presented by the Indian Patent Office

The Patents Act 1977 (as amended)

Ph.D. Radislava Kosseva, LL.M., Polina Bakalova, LL.M.

An introduction to European intellectual property rights

Digital lab notebooks and intellectual property protection

S 2822 S T A T E O F R H O D E I S L A N D

Questionnaire on Exceptions and Limitations to Patent Rights. The answers to this questionnaire have been provided on behalf of:

Patentable Subject Matter and Medical Use Claims in the Pharmaceutical Sector

UGANDA WILDLIFE AUTHORITY

MODULE X CURRENT TRIPS ISSUES*

The freedom of expression and the free flow of information on the Internet

Transcription:

NFA-LD Page 1/5 Introduction The United States is behind the rest of the world with respect to regulating Bioprospecting. However, one state, Utah, has taken the lead in passing a balanced, sustainable, approach to restricting bioprospecting that takes into account both economic and environmental concerns. The Federal government should follow Utah s lead: Thus, I stand resolved: The United States Federal Government should significantly increase restrictions on bioprospecting

NFA-LD Page 2/5 Contention 1: Inherency US failed to engage in policy to balance bioprospecting benefits (William M. Fisher, J.D. Candidate at University of Colorado Law School. THE UTAH Humans have always engaged in bioprospecting, but, as global populations rise exponentially, managing these resources responsibly and sustainably has become increasingly difficult.182 There will always be competing interests, with the need to incentivize research activities that yield important commercial products balanced with the need to preserve and protect other aspects of the environment. While other nations have addressed such concerns to their respective benefit, the U.S. still grapples with these debates, and has largely avoided intelligent and engaged analysis of these important concerns within its own borders. Yellowstone has become a policy laboratory in this regard, and its managers now realize that such resources hold benefits for humanity beyond recreation [and] aesthetics, and... should be shared [with] the private sector to explore and develop [], while maintaining the parks integrity, [to] assure[] the greatest good for the greatest number. In this regard, Utah s Bioprospecting Act of 2010 follows in the footsteps of the YellowstoneDiversa CRADA and the subsequent federal lawmaking, but the state has a unique opportunity to formulate its regulations in a way that is more narrowly tailored to its particular needs.

NFA-LD Page 3/5 Contention 2: Harms Bioprospecting rarely shares benefits (William M. Fishcer, J.D. Candidate at University of Colorado Law School. THE UTAH Prior to Convention on Biological Diversity, developing nations genetic resources were collected without compensating the communities and governments of the source countries where the products were found. Many important pharmaceuticals, for example, developed from raw material collected in this way have yielded multi-million dollar drug products with little, if any, compensation or recognition of the source countries in the developing world. Many nations have responded to such concerns with their own uniquely-tailored laws, and their experiences have been complicated as the international legal landscape has evolved over time.

NFA-LD Page 4/5 Contention 3: Plan Therefore I offer the following plan: The United States Federal Government will significantly increase restrictions on Bioprospecting by adopting The Utah BioProspecting Act nationwide.the Utah law includes the following four restrictions: 1. Law will require registration prior to state land bioprospecting activities. 2. Require those parties to enter into a contract with the Federal Government to identify information of specific sites. 3. Registrant agrees to negotiate in good faith and Federal Government reserves the rights to economic benefits derived from the registrant s current and future activities related to discoveries made on the subject lands listed in the contract. 4. As with Utah all licenses are good for up to twelve months and are renewable at the Federal Government s discretion. Enforcement will be through the Department of Interior. Funding through normal means, timeline is immediate.

NFA-LD Page 5/5 Contention 4: Solvency Benefit-Sharing agreements avoid disputes (William M. Fishcer, J.D. Candidate at University of Colorado Law School. THE UTAH Commentators argue that bioprospecting benefits-sharing arrangements between researchers and governments should seek to harmonize the often competing provisions of national-level law, Trade-Related aspects of Intellectual Property Rights, and the Convention on Biological Diversity. The relation of this view to Utah s approach on the subject is readily apparent. Through such contractual, and informed consent-based approaches, all interests that have contributed to a successfully launched bioprospecting product may be recognized, either through direct payment, or through other intangible forms of reward. By understanding the interplay amongst competing laws and policies in an increasingly intertwined global economy, disputes such as the Indian-US turmeric patent case may be avoided. Such an approach will help ensure the survival and influence of the new Utah Act.