Geoscience Reference
In-Depth Information
prejudice the legitimate interests of the patent owner, (3) taking account of the legitimate
interests of third parties. In particular, in the case
Canada
-
Patent Protection of Pharma-
ceutical Products
, the WTO Panel specifically considered the interpretation of the limiting
The above provision is of a permissive nature and there are no minimum standards
concerningthemannerinwhichnationalpatentlawsshouldpositivelyrecognizearesearch
exemption. Therefore, the formulations that have been adopted in various countries can
greatly diverge. As a result, in most developed countries, the research exemption is con-
In summary, because of the limited use that some countries may have made of both
subject matter exclusions and the exceptions and limitations to patent rights, which are al-
lowed under the TRIPs Agreement, newly discovered marine genetic resources may even-
tually be 'locked up' by patent monopolies. Instead, in the interests of humanity, the use
of such resources and related knowledge would be usefully widely promoted, including
through legal flexibilities, while respecting patent rights in inventions that embody genu-
inely new human-made constructs that are clearly different from their naturally occurring
counterparts. To that end, a first necessary step requires landscaping existing patents with
regard to marine genetic resources of areas beyond national jurisdiction, with a view to as-
sessing their potential impact on scientific research and understating their economic value.
This will help to enhance knowledge and understanding of relevant activities, including the
extent and types of research on, and uses and applications derived from, marine genetic re-
sources in areas beyond national jurisdiction.
