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Limitations on Patenting Inventions Based on Marine Genetic Resources of Areas beyond National Jurisdiction

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This article discusses limitations on patenting inventions based on marine genetic resources of areas beyond national jurisdiction. First, it considers that patent protection for these inventions is compatible with losc. Next, it propounds that to further equitable access to new knowledge of the genetic resources, patentability requirements should be shaped to reward human creativity in applying discoveries only. Accordingly, discoveries of naturally occurring dna sequences and the like from the genetic resources should be deemed as a “familiar part of prior art” and that other inventive concepts should be required to meet the patent eligibility requirement. Finally, it contends that it is not justified to require patentees to share any benefits derived from the utilization of inventions based on the genetic resources of the Area.

Affiliations: 1: Guanghua Law School, Zhejiang UniversityChina


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