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HOW SHOULD THE TRIPS AGREEMENT BE AMENDED TO INTRODUCE A MANDATORY DISCLOSURE OBLIGATION?

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HOW SHOULD THE TRIPS AGREEMENT BE AMENDED TO INTRODUCE A MANDATORY DISCLOSURE OBLIGATION?

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10. The TRIPS Agreement is commonly understood to permit Members to introduce disclosure of origin obligations in their national legislation. In order to oblige Members to introduce a mandatory disclosure obligation, the TRIPS Agreement would need to be amended. The obligation to disclose origin is linked to the patent application, but does not constitute a substantive patent criterion. In Norway’s opinion, it would therefore be most appropriate to introduce a new provision in the TRIPS Agreement immediately following Article 29, which contains provisions on the disclosure of information related to the invention. VI. SUMMARY 11. Norway supports the amendment of the TRIPS Agreement to introduce a mandatory obligation to disclose the origin of genetic resources and traditional knowledge in patent applications. Such a disclosure obligation should be introduced in a new Article 29bis and should provide that patent applications should not be processed unless the required information has bee

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