TRADITIONAL KNOWLEDGE AND PATENTS: A BRIEF SUMMARY OF THE EPO'S PERSPECTIVE

Authors

Enrico Luzzatto, European Patent OfficeFollow

Abstract

Knowledge of the legal provisions of the European Patent Convention (EPC) relevant to traditional knowledge (TK ) is essential to TK holders such as in Pacific Island countries so that they can actively protect in Europe any TK-derived invention they may want to develop. It is also of fundamental importance to be able to properly defend their rights if a European patent application that could be based on their TK is filed without their consent. This paper introduces the role and structure of the European Patent Office (EPO) and basic legal requirements, as set out in the EPC, that are most relevant to TK-related inventions. Examples taken from EPO practice and case law (neem tree, Pelargonium species, and Hoodia), along with provisions that can be used to prevent misappropriation under European patent law, are discussed to illustrate how the European patent system may affect Pacific Island countries and their traditional knowledge.

Recommended Citation

Luzzatto, Enrico (2013) "TRADITIONAL KNOWLEDGE AND PATENTS: A BRIEF SUMMARY OF THE EPO'S PERSPECTIVE," Pacific Studies Journal: Vol. 36: No. 1, Article 1.
Available at: https://digitalcollections.byuh.edu/pacific-studies-journal/vol36/iss1/1