BIOTECH BUZZ Genetic Resources Contributors: Gustavo de Freitas Morais and Walter Basílio Bacco Júnior The New Biodiversity Legislation
|
|
- Julius Baldwin
- 5 years ago
- Views:
Transcription
1 BIOTECH BUZZ Genetic Resources Contributors: Gustavo de Freitas Morais and Walter Basílio Bacco Júnior The New Biodiversity Legislation (Federal Law n. 13,123/2015 and Decree n. 8,772/2016) Access and Benefit Sharing rules in Brazil Fifteen years after the issuance of the first Brazilian rules regulating the exploration of the Brazilian biodiversity, that is, the presently revoked Provisional Measure no. 2186/2001 (which succeeded Provisional Measure No. 2052/2000), a new law (Federal Law n. 13,123/2015) was finally sanctioned on May 20, 2015 and it is regulated by Decree n. 8,772/2016, published on 11 May, 2016 (also named Regulation ). The new law brings many changes that will certainly affect a wide range of businesses dealing with the Brazilian biodiversity. Since the year 2000 the main aspect of the Brazilian rules on activities involving components of the Brazilian biodiversity revolves around the concept of access. Under the prior rules, any access to the so called genetic heritage and also to associated traditional knowledge was subject to governmental authorization that should be obtained before the access itself. Moreover, what would constitute an access was not clearly defined. Under the new law, it is now clearly defined that an access subject to governmental control will only take place when one performs research or technological development. The former is understood to be related to academic activities while the latter is defined by the new law as a systematic work performed on the genetic heritage or associated traditional knowledge in order to develop new materials, products or devices and to improve or develop new processes of economic use. 1
2 This new definition will probably bring comfort to companies operating in Brazil since under the old - and also in the new -, regime the mere use of ingredients of the local biodiversity, without any sort of technical development could sometimes be considered as an access and therefore subject to previous authorization, benefit sharing, etc. In practice sanctions were imposed on companies that simply bought ingredients on the market and used them in the manufacture of commonplace products. Another significant change is a clearer definition of what constitutes the genetic heritage. This is now defined as information of genetic origin resulting from plant, animal, microbial species or species of other nature, including substances coming from the metabolism of such living beings. It is now clear under the law that access to metabolic substances - and not only to genetic information is subject to governmental control. The new law makes it clear that microorganisms are also within the scope of governmental control. Another feature of the new law is that the access to genetic resources is now conditioned to registration of the activities in an electronic database named SISGen and, in theory, this procedure will be much simpler than the full authorization previously required in the old regime. Any company intending to conduct research and/or develop products accessing Brazilian genetic heritage ( BGH ) or associated traditional knowledge ( ATK ) is required to register its activities at CGEN using SISGen database. SISGen, the National System for Management of BGH and ATK, is an electronic system and database created by Brazilian Law as an electronic tool to assist CGEN in the management of BGH and ATK. SISGen has been made available to the public on November
3 Any activities involving access to BGH or ATK must be registered with SISGen prior to applying for the protection of any intellectual property rights; to publication of research results or scientific papers; or to any economic exploitation of finished products or of reproductive materials. With respect to the finished products already in the market, it is important to mention that IBAMA (Brazilian Institute of Environment and Renewable Natural Resources) understands wrongly that the mere use of any native species in commercial products launched after June 2000 characterizes an access, ignoring the spirit and the letter of the revoked Provisional Measure and now of Law 13,123, which requires the performance of research/ technological development in order to characterize access. Although such understanding in our view is clearly wrong and may be challenged at the courts, the sad reality is that a line of products as envisaged by many pharmaceutical and cosmetic companies may be considered as derived from access of the BGH simply because they use a component of the Brazilian genetic heritage and therefore benefits must be shared. Anyone that performed access to the Brazilian genetic heritage as of June 30, 2000 must conform to the new law within specific time frames. The main assessment in this regard is whether the activities performed in Brazil can be characterized as an access or not. This can be particularly critical when such activities have in the past been considered as an access and were even resulted in the imposition of fines as a result of the so called Operações Novos Rumos I e II (New Paths Operations I and II). Further, it s advisable that companies make a preliminary review whether the activities carried out by the company for developing these products, such as development studies, efficiency tests, formulation development, may be considered as ordinary and not characterizing access because it is neither a research that generated new data nor a technological development, therefore characterizing an access to BGH according to Law 13,123 and the Regulation, Decree nº 8.772/
4 It is important to highlight that certain activities are not considered as access under Law 13,123/15, as long as no research or development is involved, pursuant to article 107 do the Regulation. If an access is characterized (performed between June 30, 2000 and November 17, 2015), the company should regularize its activities, according to article 38, of the Law 13,123/15. In this last case, an additional notification on such exploitation and the registration of the corresponding benefit-sharing agreement before SISGen are required. Furthermore, international shipment of any material resulting from access to BGH or ATK requires the prior registration of a Material Transfer Agreement (MTA) with SISGen. Under Law 13,123, the remittance abroad of samples of the Brazilian genetic heritage with purposes of access is covered by the new law and should be registered through the electronic system SISgen, which is already operational since November 6, 2017, according to article 12, IV of Law 13,123, below transcribed: Art. 12. The following activities shall be registered: IV remittance of genetic heritage component samples abroad with the purpose of access, in the hypotheses of items II and III of this caput; and ( ) Law 13,123 also suggests that the mere act of remittance abroad of samples of the BGH between June 30, 2000 and November 17, 2015 needs to be regularized through SISgen, under art. 38, III of Law 13,123, as transcribed below: Article 38. It shall comply with the provisions of this Law within 1 (one) year from the date the Registration was made available by CGEN (Council for the Management of Genetic Heritage), the user that, between June 30, 2000 and the date of entry into force of this Law, performed the following activities at odds with the legislation in force at the time: I- access to genetic heritage or associated traditional knowledge; 4
5 II access and economic exploitation of product or process obtained from the access to genetic heritage or associated traditional knowledge, referred to in Provisional Act of August 23, III remittance abroad of samples of the genetic heritage; or IV - disclosure, transmission or retransmission of data or information that are part of or constitute the associated traditional knowledge. Under certain circumstances, foreign entities accessing BGH or ATK also require prior authorization from the National Defense Council (in areas indispensable to national security) or from the Maritime Authority (in Brazilian marine areas). Note that if the company already has products with Brazilian biodiversity assets with authorization issued by the CGEN under former legal statute (PM No ), the company must apply for the adjustment of the CGEN authorization under the new law (Lawi 13,123/15). This adjustment must be applied for within ONE year counted from the date of availability of SiSGen. This deadline will expire on November 5, We highlight that the regularization will depend on a Commitment Term, containing an obligation to register the access, notify any economic exploitation and an undertaking to share the benefits arising from the use of genetic resources, as the case may be. Notwithstanding, minimum conditions and standards for the signature of this commitment term are still under discussion at the CGEN. In case of the finished product or reproductive material is arising from access to BGH or ATK, and the component of the BGH or ATK is a key element of added value to the product, and, also, if the case does not fall into any benefit sharing exemption establishes by the Law 13,123/2015, the manufacturer of the finished product or the producer of the reproductive material will be subject to benefit-sharing, regardless of who previously performed the access. 5
6 Please see below a transcription of some key rules on benefit sharing as provided for in the Law 13,123: Art. 17. The benefits from the economic exploitation of the finished product or reproductive material resulting from access to the genetic heritage of species found in situ or to the associated traditional knowledge, even those produced abroad, shall be fairly and equitably divided, and in the case of the finished product the component of the genetic heritage or associated traditional knowledge must be one of the main elements for value aggregation, pursuant to this Law. Art. 2. ( ) XVI finished product a product that requires no type of additional productive process, resulting from access to the genetic heritage or to the associated traditional knowledge, in which the component of the genetic heritage or associated traditional knowledge is one of the main elements of aggregation of value to the product, being suitable for use by the final consumer, be the latter a natural person or a legal entity; XVIII main elements of aggregation of value to the product elements whose presence in the finished product is a determining factor for the existence of the functional characteristics or for the formation of the marketing appeal; In particular, one should bear in mind the interpretation of Article 17, chapeaux of the Law 13,123 according to which economic exploitation resulting from access to genetic heritage is obliged to share benefits: Article 43. The benefit sharing referred to in Law 13,123, of 2015, shall be due while there is economic exploitation of: I The finished product derived from access to genetic resources or associated traditional knowledge carried out after the enactment of Law 13,123, of 2015, or II Reproductive material derived from access the genetic resources and associated traditional knowledge for agricultural activities carried out after the enactment of Law 13,123, of
7 1. In the case of the finished product referred to in item I of the head provision, the component of the genetic resources or associated traditional knowledge should be one of the main elements of added value. 2. Pursuant to item XVIII of Article. 2 of Law 13,123, of 2015, main elements of added value are considered to be elements whose presence in the finished product is crucial to the existence of the functional characteristics or the formation of the marketing appeal. 3. For the purposes of this Decree, the following meanings apply: I marketing appeal: reference to genetic resources or associated traditional knowledge, to their origin or differentials arising therefrom, related to a product, product line or brand in any means of visual or auditory communication, including marketing campaigns and featured in product labeling; and II functional characteristics: characteristics that determine the main purposes, strengthening the action of the product or expanding its list of purposes. The applicant may choose (i) monetary benefit-sharing or (ii) non-monetary benefitsharing. i) Monetary benefit-sharing: If the monetary type is chosen, the applicant is required to update the SISGEN information annually in order to pay the benefit-sharing consideration. Upon each update, the following information should be provided for: - supporting evidence on the amounts reported as net revenue obtained during the fiscal year with the economic exploitation of the finished product or notified reproductive material. - annual net revenue obtained during the fiscal year with the economic exploitation of the finished product or reproductive material notified, according to article 17 of Law 13,123/15 which establishes that: The benefits from the economic exploitation of the finished product or reproductive material resulting from access to the genetic heritage of species found in situ or to the associated traditional knowledge, even those produced abroad, shall be fairly and equitably divided, and in the case of the finished product the component of the genetic heritage or associated traditional 7
8 knowledge must be one of the main elements for value aggregation, pursuant to this Law. Besides, when you make the registration of the product on the SISGEN, the online form requires information inter alia of local and international scope of manufacturing and sales your finished product. It is therefore presumed that the Brazilian authorities will consider international sales (worldwide) also as a basis for the calculation of benefit sharing. The system will automatically calculate the amount due as a share of benefits (1% of the net revenue or down to 0.1%, under pursuant to special agreements for a given economic sector, as provided for in section 21 of Law ), as transcribed below: Art. 20. When the chosen mode is monetary benefit sharing resulting from economic exploitation of finished product or reproductive material resulting from access to genetic heritage, one installment of 1% (one percent) of the net annual income obtained with the economic exploitation shall be paid, except in the event of reduction to up to 0.1 (one tenth) by means of sectoral agreement as per Article 21. Art. 21. Aiming at ensuring competition in the chosen sector, the Federal Government, at the interested party s request, and in accordance with the norms, may enter into sectoral agreement that allows for the reduction of the monetary benefit sharing value to up to 0.1% (one tenth percent) of the net annual income obtained with the economic exploitation of the finished product or reproductive material resulting from access to the genetic heritage or associated traditional knowledge of unidentifiable origin. Sole paragraph To subsidize the execution of a sectoral agreement, the official authorities that protect the rights of indigenous populations and traditional communities may be heard, in accordance with the norm. Evidence of effective payment must be subsequently submitted at CGEN. ii) Non-Monetary benefit-sharing: If the non-monetary type is chosen, the benefit sharing agreement must be presented at CGEN. Please find below transcribed article 22 of the Law 13,123/15: Art. 22. In the non-monetary modes of benefit sharing corresponding to subsections a, e and f of item II of the caput of Article 19, benefit sharing shall 8
9 be equivalent to 75% (seventy five percent) of the monetary mode, according to the criteria defined by the CGEN. Sole paragraph The CGen may delimit result or efficacy criteria or parameters the users must meet, substituting the cost parameter of non-monetary benefit sharing as provided for in the head of the Article. When the case does not involve ATK, the Benefit-Sharing Agreement may be presented to CGEN within 365 days after the Notification. If the agreement is not submitted within this period, the registration and notification will be automatically canceled. The Agreement should include the proposed allocation of benefits, the schedule of activities to be developed, the date of signature of the agreement, and its term of validity. For instance, allocation of benefits may include activities or projects for conservation or sustainable use of biodiversity, protection and maintenance of knowledge, innovations and practices of population associated with traditional knowledge, technology transfer, training of human resources on issues related to conservation and sustainable use of BGH or ATK, free distribution of products in social programs etc, according to article 19, II of Law 13,123/15: Art. 19. The benefit sharing resulting from economic exploitation of finished product or reproductive material resulting from access to the genetic heritage or the associated traditional knowledge may be divided into the following groups: I - monetary; or II non-monetary, including, but not limited to: a) projects intended for conservation or sustainable use of biodiversity or for protection and preservation of knowledge, innovation or practices of indigenous people, traditional communities or traditional farmers, preferably at the site where the species is found under in situ conditions or where the sample was collected whenever the original site cannot be specified; b) transfer of technologies; c) making a product available in the public domain, without protection by intellectual property rights or technological restriction; d) licensing of burden-free products; e) staff training in subjects related to conservation and sustainable 9
10 use of the genetic heritage or associated traditional knowledge; and f) free distribution of products in social interest programs. The applicant must update annually SISGEN with information regarding the Non- Monetary benefit-sharing activities, including (i) annual net revenue obtained during the fiscal year with the economic exploitation of the finished product or reproductive material notified; and (ii) proof of monetary equivalence between the activities performed and the amount predicted for the distribution of benefits under the monetary type. Concluding, we also clarify that the new Law is applicable for activities started after November 17, 2015, but also establishes rules there are applicable to activities occurred prior to this date, and after June 30, All activities carried out before June 30, 2000 are beyond the scope of the legislation and are not subject to penalties as described in the Law. Any violation to the new law, in special: (i) irregular access to the genetic heritage and associated traditional knowledge, (ii) irregular sale of products derived from such access, and, (iii) lack of payment of benefit sharing, etc. is subject to a number of administrative sanctions provided for in the new law, such as fines, product seizure, interdiction of the offending company and others. The law does not provide for criminal sanctions. The following hypotheses are considered violations to the Law: 1. economic exploitation of finished product or reproductive material based on access to BGH or ATK without prior notification; 2. shipping of BGH abroad without prior registration or in disagreement with legal requirements; 3. publication of research results or scientific paper without prior registration; 4. access to ATK of identifiable source without obtaining prior informed consent or in disagreement with this; 5. failing to indicate the origin of ATK of identifiable source in publications, utilizations, explorations and disclosures of results from the access. In these cases, the following administrative penalties may be imposed: 10
11 (i) Warning notice (ii) Fines (iii) Suspension of effects of the registration (iv) Cancellation of the registration (v) Embargo on the specific activity related to the violation (vi) Seizure of relevant products (vii) Temporary suspension of the manufacture and sale of the finished product or reproductive materials (viii) Partial or total prohibition of the establishment, activity or enterprise. Disclaimer: The above general observations on patent law, policy and practice do not amount to any kind of legal counsel and are for information/entertainment purposes only. Gustavo de Freitas Morais is a partner and Walter Basílio Bacco Júnior is an associate at Dannemann Siemsen, São Paulo. 11
Anita Pissolito Campos Nascimento & Mourão Advogados. Anita Pissolito Campos Nascimento e Mourão Advogados
Bio Latin America Conference October 26-28, 2016 São Paulo, Brazil Industrial and Environmental Leadership Sessions Regulatory Barriers to Growing the Bio-Based Economy Anita Pissolito Campos Nascimento
More informationIntellectual Property
Tennessee Technological University Policy No. 732 Intellectual Property Effective Date: July 1January 1, 20198 Formatted: Highlight Formatted: Highlight Formatted: Highlight Policy No.: 732 Policy Name:
More informationTHE ASEAN FRAMEWORK AGREEMENT ON ACCESS TO BIOLOGICAL AND GENETIC RESOURCES
Draft Text 24 February 2000 THE ASEAN FRAMEWORK AGREEMENT ON ACCESS TO BIOLOGICAL AND GENETIC RESOURCES The Member States of the Association of South East Asian Nations (ASEAN) : CONSCIOUS of the fact
More informationLAW ON TECHNOLOGY TRANSFER 1998
LAW ON TECHNOLOGY TRANSFER 1998 LAW ON TECHNOLOGY TRANSFER May 7, 1998 Ulaanbaatar city CHAPTER ONE COMMON PROVISIONS Article 1. Purpose of the law The purpose of this law is to regulate relationships
More informationSATELLITE NETWORK NOTIFICATION AND COORDINATION REGULATIONS 2007 BR 94/2007
BR 94/2007 TELECOMMUNICATIONS ACT 1986 1986 : 35 SATELLITE NETWORK NOTIFICATION AND COORDINATION ARRANGEMENT OF REGULATIONS 1 Citation 2 Interpretation 3 Purpose 4 Requirement for licence 5 Submission
More informationNew York University University Policies
New York University University Policies Title: Policy on Patents Effective Date: December 12, 1983 Supersedes: Policy on Patents, November 26, 1956 Issuing Authority: Office of the General Counsel Responsible
More informationLoyola University Maryland Provisional Policies and Procedures for Intellectual Property, Copyrights, and Patents
Loyola University Maryland Provisional Policies and Procedures for Intellectual Property, Copyrights, and Patents Approved by Loyola Conference on May 2, 2006 Introduction In the course of fulfilling the
More informationQuestion Q 159. The need and possible means of implementing the Convention on Biodiversity into Patent Laws
Question Q 159 The need and possible means of implementing the Convention on Biodiversity into Patent Laws National Group Report Guidelines The majority of the National Groups follows the guidelines for
More informationThe BBNJ instrument could also restate the objective of UNCLOS to protect and preserve the marine environment.
Submission on behalf of the Member States of the Caribbean Community (CARICOM) for the Development of an international legally-binding instrument under the Convention on the Law of the Sea on the conservation
More informationAccess and benefit- sharing information kit. Ivan Cholakov Gostock/Shutterstock
Access and benefit- sharing information kit Ivan Cholakov Gostock/Shutterstock UNEP An information kit was developed to build awareness on ABS. The key themes addressed in the information kit are: Access
More informationCommittee on Development. for the Committee on the Environment, Public Health and Food Safety
EUROPEAN PARLIAMT 2009-2014 Committee on Development 28.3.2013 2012/0278(COD) DRAFT OPINION of the Committee on Development for the Committee on the Environment, Public Health and Food Safety on the proposal
More informationSubregional Seminar on the Legal Protection of Biotechnology and Genetic Resources Banska Bystrica, May 2 and 3, Access and Benefit Sharing
Subregional Seminar on the Legal Protection of Biotechnology and Genetic Resources Banska Bystrica, May 2 and 3, 2007 Access and Benefit Sharing Hans Georg Bartels 1 Overview The Context The Patent system
More informationPolicy Contents. Policy Information. Purpose and Summary. Scope. Published on Policies and Procedures (http://policy.arizona.edu)
Published on Policies and Procedures (http://policy.arizona.edu) Home > Intellectual Property Policy Policy Contents Purpose and Summary Scope Definitions Policy Related Information* Revision History*
More information(1) Patents/Patentable means:
3344-17-02 Patents policy. (A) (B) (C) Research is recognized as an integral part of the educational process to generate new knowledge; to encourage the spirit of inquiry; and to develop scientists, engineers,
More information19 Progressive Development of Protection Framework for Pharmaceutical Invention under the TRIPS Agreement Focusing on Patent Rights
19 Progressive Development of Protection Framework for Pharmaceutical Invention under the TRIPS Agreement Focusing on Patent Rights Research FellowAkiko Kato This study examines the international protection
More informationCBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements
CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements Establishing an adequate framework for a WIPO Response 1 Table of Contents I. Introduction... 1 II. Supporting
More informationBioTrade and the Implementation of the Nagoya Protocol
Federal Department of the Environment, Transport, Energy and Communications DETEC Federal Office for the Environment FOEN Soil and Biotechnology Division BioTrade and the Implementation of the Nagoya Protocol
More informationIdentifying and Managing Joint Inventions
Page 1, is a licensing manager at the Wisconsin Alumni Research Foundation in Madison, Wisconsin. Introduction Joint inventorship is defined by patent law and occurs when the outcome of a collaborative
More informationStanding Committee on TRIPS Standing Committee on IP and Genetic Resources / Traditional Knowledge
Standing Committee on TRIPS Standing Committee on IP and Genetic Resources / Traditional Knowledge Questionnaire on the requirement of indicating the source and/or country of origin of genetic resources
More informationORDER OF THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA
ORDER OF THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA No. 68 The Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements, adopted at the 19th
More informationA POLICY in REGARDS to INTELLECTUAL PROPERTY. OCTOBER UNIVERSITY for MODERN SCIENCES and ARTS (MSA)
A POLICY in REGARDS to INTELLECTUAL PROPERTY OCTOBER UNIVERSITY for MODERN SCIENCES and ARTS (MSA) OBJECTIVE: The objective of October University for Modern Sciences and Arts (MSA) Intellectual Property
More informationAccess and Benefit Sharing (Agenda item III.3)
POSITION PAPER Access and Benefit Sharing (Agenda item III.3) Tenth Meeting of the Conference of the Parties to the Convention on Biological Diversity (CBD COP10), 18-29 October, 2010, Nagoya, Japan Summary
More informationWIPO NATIONAL WORKSHOP FOR PATENT LAWYERS
ORIGINAL: English DATE: May 1997 GOVERNMENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA WORLD INTELLECTUAL PROPERTY ORGANIZATION WIPO NATIONAL WORKSHOP FOR PATENT LAWYERS organized by the World Intellectual
More informationCalifornia State University, Northridge Policy Statement on Inventions and Patents
Approved by Research and Grants Committee April 20, 2001 Recommended for Adoption by Faculty Senate Executive Committee May 17, 2001 Revised to incorporate friendly amendments from Faculty Senate, September
More informationGenetic Resources and Intellectual Property: Recent developments under the Convention on Biological Diversity
Genetic Resources and Intellectual Property: Recent developments under the Convention on Biological Diversity 15 September, 2004 Secretariat of the Convention on Biological Diversity Dan B. Ogolla OUTLINE
More informationTHE UNIVERSITY OF AUCKLAND INTELLECTUAL PROPERTY CREATED BY STAFF AND STUDENTS POLICY Organisation & Governance
THE UNIVERSITY OF AUCKLAND INTELLECTUAL PROPERTY CREATED BY STAFF AND STUDENTS POLICY Organisation & Governance 1. INTRODUCTION AND OBJECTIVES 1.1 This policy seeks to establish a framework for managing
More informationCHAPTER TWENTY COOPERATION. The objective of this Chapter is to facilitate the establishment of close cooperation aimed, inter alia, at:
CHAPTER TWENTY COOPERATION ARTICLE 20.1: OBJECTIVE The objective of this Chapter is to facilitate the establishment of close cooperation aimed, inter alia, at: strengthening the capacities of the Parties
More informationFiscal 2007 Environmental Technology Verification Pilot Program Implementation Guidelines
Fifth Edition Fiscal 2007 Environmental Technology Verification Pilot Program Implementation Guidelines April 2007 Ministry of the Environment, Japan First Edition: June 2003 Second Edition: May 2004 Third
More informationTHE EXECUTIVE BOARD OF DELFT UNIVERSITY OF TECHNOLOGY
TU Delft student and visitor regulations for the use of buildings, grounds and facilities 1 THE EXECUTIVE BOARD OF DELFT UNIVERSITY OF TECHNOLOGY In consideration of the need for rules and regulations
More informationPolicy on Patents (CA)
RESEARCH Effective Date: Date Revised: N/A Supersedes: N/A Related Policies: Policy on Copyright (CA) Responsible Office/Department: Center for Research Innovation (CRI) Keywords: Patent, Intellectual
More informationEstablishing a Development Agenda for the World Intellectual Property Organization
1 Establishing a Development Agenda for the World Intellectual Property Organization to be submitted by Brazil and Argentina to the 40 th Series of Meetings of the Assemblies of the Member States of WIPO
More informationUSTR NEWS UNITED STATES TRADE REPRESENTATIVE. Washington, D.C UNITED STATES MEXICO TRADE FACT SHEET
USTR NEWS UNITED STATES TRADE REPRESENTATIVE www.ustr.gov Washington, D.C. 20508 202-395-3230 FOR IMMEDIATE RELEASE August 27, 2018 Contact: USTR Public & Media Affairs media@ustr.eop.gov UNITED STATES
More informationNote by the Executive Secretary
CBD AD HOC OPEN-ENDED WORKING GROUP ON ACCESS AND BENEFIT-SHARING Seventh meeting Paris, 2-8 April 2009 Distr. GENERAL UNEP/CBD/WG-ABS/7/4 28 January 2009 ORIGINAL: ENGLISH COLLATION OF OPERATIVE TEXT
More informationADDENDUM D COMERICA WEB INVOICING TERMS AND CONDITIONS
Effective 08/15/2013 ADDENDUM D COMERICA WEB INVOICING TERMS AND CONDITIONS This Addendum D is incorporated by this reference into the Comerica Web Banking Terms and Conditions ( Terms ). Capitalized terms
More informationConvention on Biological Diversity: ABS. The Nagoya Protocol on Access and Benefit-sharing
Convention on Biological Diversity: ABS The Nagoya Protocol on Access and Benefit-sharing What is the Nagoya Protocol? The Nagoya Protocol on Access and Benefit-sharing is a new international treaty that
More informationEL PASO COMMUNITY COLLEGE PROCEDURE
For information, contact Institutional Effectiveness: (915) 831-6740 EL PASO COMMUNITY COLLEGE PROCEDURE 2.03.06.10 Intellectual Property APPROVED: March 10, 1988 REVISED: May 3, 2013 Year of last review:
More informationLewis-Clark State College No Date 2/87 Rev. Policy and Procedures Manual Page 1 of 7
Policy and Procedures Manual Page 1 of 7 1.0 Policy Statement 1.1 As a state supported public institution, Lewis-Clark State College's primary mission is teaching, research, and public service. The College
More informationTHE USE OF A RADIO FREQUENCY SPECTRUM AND SATELLITE ORBIT (Government Regulation No. 53/2000 dated July 11, 2000)
Considering: THE USE OF A RADIO FREQUENCY SPECTRUM AND SATELLITE ORBIT (Government Regulation No. 53/2000 dated July 11, 2000) THE PRESIDENT OF THE REPUBLIC OF INDONESIA That in the framework of implementing
More informationAN OVERVIEW OF THE UNITED STATES PATENT SYSTEM
AN OVERVIEW OF THE UNITED STATES PATENT SYSTEM (Note: Significant changes in United States patent law were brought about by legislation signed into law by the President on December 8, 1994. The purpose
More informationCONNECTICUT LOTTERY CORPORATION OFFICIAL GAME RULES Connecticut Lucky-4-Life"
CONNECTICUT LOTTERY CORPORATION OFFICIAL GAME RULES Connecticut Lucky-4-Life" Please take notice that the Connecticut Lottery Corporation (CLC) duly adopted, with the advice and consent of the Board of
More informationMUSEUM SERVICE ACT I. BASIC PROVISIONS
Pursuant to Article 82, paragraph 1, item 2 and Article 91, paragraph 1, of the Constitution of Montenegro, the 24 th Convocation of the Assembly of Montenegro, at its 10 th session of the first regular
More informationPatents. What is a patent? What is the United States Patent and Trademark Office (USPTO)? What types of patents are available in the United States?
What is a patent? A patent is a government-granted right to exclude others from making, using, selling, or offering for sale the invention claimed in the patent. In return for that right, the patent must
More informationUW REGULATION Patents and Copyrights
UW REGULATION 3-641 Patents and Copyrights I. GENERAL INFORMATION The Vice President for Research and Economic Development is the University of Wyoming officer responsible for articulating policy and procedures
More informationNAGOYA PROTOCOL ON ACCESS TO GR AND BENEFIT SHARING (ABS): CHALLENGES AND OPPORTUNITIES FOR MICROBIOLOGY DR. ALEJANDRO LAGO CANDEIRA
NAGOYA PROTOCOL ON ACCESS TO GR AND BENEFIT SHARING (ABS): CHALLENGES AND OPPORTUNITIES FOR MICROBIOLOGY DR. ALEJANDRO LAGO CANDEIRA Outline 1. About Access to genetic resources and Benefit- Sharing (ABS)
More informationINTELLECTUAL PROPERTY POLICY
INTELLECTUAL PROPERTY POLICY Overview The University of Texas System (UT System) Board of Regents (Board) and the University of Texas Health Science Center at San Antonio (Health Science Center) encourage
More informationMONETARY AGREEMENT between the European Union and the Vatican City State (2010/C 28/05)
4.2.2010 Official Journal of the European Union C 28/13 MONETARY AGREEMENT between the European Union and the Vatican City State (2010/C 28/05) THE EUROPEAN UNION, represented by the European Commission
More informationSAUDI ARABIAN STANDARDS ORGANIZATION (SASO) TECHNICAL DIRECTIVE PART ONE: STANDARDIZATION AND RELATED ACTIVITIES GENERAL VOCABULARY
SAUDI ARABIAN STANDARDS ORGANIZATION (SASO) TECHNICAL DIRECTIVE PART ONE: STANDARDIZATION AND RELATED ACTIVITIES GENERAL VOCABULARY D8-19 7-2005 FOREWORD This Part of SASO s Technical Directives is Adopted
More informationDNVGL-CG-0214 Edition September 2016
CLASS GUIDELINE DNVGL-CG-0214 Edition September 2016 The content of this service document is the subject of intellectual property rights reserved by ("DNV GL"). The user accepts that it is prohibited by
More informationFunctionality of the Nagoya ABS Protocol with a view to AnGR and a side-look to Anti- Conterfeiting Trade Agreement (ACTA)
Functionality of the Nagoya ABS Protocol with a view to AnGR and a side-look to Anti- Conterfeiting Trade Agreement (ACTA) Morten Walløe Tvedt Senior research fellow International Technical Expert Workshop
More informationDRAFT GUIDELINES ON ACCESS AND BENEFIT SHARING
DRAFT GUIDELINES ON ACCESS AND BENEFIT SHARING UNDER THE BIOLOGICAL DIVERSITY ACT, 2002 PRESENTED TO THE NATIONAL BIODIVERSITY AUTHORITY PREPARED BY YESHWANTH SHENOY ADVOCATE PLEASE SEND FEEDBACK TO: MR.YESHWANTH
More informationEnforcement Regulations of the Pharmaceutical Affairs Law
Enforcement Regulations of the Pharmaceutical Affairs Law The Enforcement Regulations of the Pharmaceutical Affairs Law ( PAL ) shall be amended, in part, as follows: Article 24 (Product approval application
More informationRegional Seminar for Certain African Countries on the Implementation and Use of Several Patent-Related Flexibilities
REPUBLIC OF SOUTH AFRICA Regional Seminar for Certain African Countries on the Implementation and Use of Several Patent-Related Flexibilities Topic 7: Flexibilities Related to the Definition of Patentable
More informationKryptonite Authorized Seller Program
Kryptonite Authorized Seller Program Program Effective Date: January 1, 2018 until discontinued or suspended A Kryptonite Authorized Seller is one that purchases Kryptonite offered products directly from
More informationIn practice, the question is frequently raised of what legislation applies to clamping devices that are intended to be used on machines.
VDMA Position Paper (Version from 22 nd June, 2017) Machine tools and manufacturing systems Precision Tools Clamping devices for use on machines This position paper is intended as information on how clamping
More informationPublic Art Network Best Practice Goals and Guidelines
Public Art Network Best Practice Goals and Guidelines The Public Art Network (PAN) Council of Americans for the Arts appreciates the need to identify best practice goals and guidelines for the field. The
More informationMarine biological diversity of areas beyond national jurisdiction. Legal and policy framework
Marine biological diversity of areas beyond national jurisdiction Legal and policy framework 1. The United Nations Convention on the Law of the Sea (UNCLOS) provides the legal framework within which all
More information1 SB By Senator Sanford. 4 RFD: Tourism and Marketing. 5 First Read: 20-FEB-18. Page 0
1 SB325 2 191811-1 3 By Senator Sanford 4 RFD: Tourism and Marketing 5 First Read: 20-FEB-18 Page 0 1 191811-1:n:02/20/2018:AHP/tj LSA2018-837 2 3 4 5 6 7 8 SYNOPSIS: Under existing law, there are no regulations
More informationJANUARY. DATE ACTIVITY ORC Reference NOTES 1st day of January after election
JANUARY 1st day of January after election January Terms of newly elected board members begin The terms of office of members of each board of education shall begin on the first day of January after their
More informationGoverning Council. Inventions Policy. October 30, 2013
University of Toronto Governing Council Inventions Policy October 30, 2013 To request an official copy of this policy, contact: The Office of the Governing Council Room 106, Simcoe Hall 27 King s College
More information-and- (the Artist ) maquette means the drawing or model, prepared by the Artist, of the proposed Art Work;
THIS AGREEMENT made in triplicate this th day of, 200 BETWEEN: CITY OF OTTAWA (the City -and- (the Artist WHEREAS the Council of the former City of Ottawa, an old municipality as defined in the City of
More informationDraft executive summaries to target groups on industrial energy efficiency and material substitution in carbonintensive
Technology Executive Committee 29 August 2017 Fifteenth meeting Bonn, Germany, 12 15 September 2017 Draft executive summaries to target groups on industrial energy efficiency and material substitution
More informationF98-3 Intellectual/Creative Property
F98-3 (A.S. 1041) Page 1 of 7 F98-3 Intellectual/Creative Property Legislative History: At its meeting of October 5, 1998, the Academic Senate approved the following policy recommendation presented by
More information8 SYNOPSIS: Under existing law, there are no regulations. 11 Contests Act. This bill would provide for the
1 183968-3 : n : 03/15/2017 : STATE GOVERNMENT / JDT 2 3 HOUSE STATE GOVERNMENT COMMITTEE SUBSTITUTE FOR HB354 4 5 6 7 8 SYNOPSIS: Under existing law, there are no regulations 9 relating to fantasy sports.
More informationFacilitating Technology Transfer and Management of IP Assets:
Intellectual Property, Technology Transfer and Commercialization Facilitating Technology Transfer and Management of IP Assets: Thailand Experiences Singapore August 27-28, 2014 Mrs. Jiraporn Luengpailin
More informationECB-PUBLIC. OPINION OF THE EUROPEAN CENTRAL BANK of 16 July 2014 on the competence for coin issuance (CON/2014/56)
EN ECB-PUBLIC OPINION OF THE EUROPEAN CENTRAL BANK of 16 July 2014 on the competence for coin issuance (CON/2014/56) Introduction and legal basis On 20 May 2014, the European Central Bank (ECB) received
More informationThis document contained the major International agreements, plus United States radio laws and regulations, current at the time of publication.
Do You Know? On June 27, 1914 the Department of Commerce published a new document called Regulations Governing Radio Operators And The Use Of Radio Apparatus On Ships And On Land. (http://earlyradiohistory.us/1914reg.htm#ra4-15)
More informationAccepting Equity When Licensing University Technology
University of California - Policy EquityLicensingTech Accepting Equity When Licensing University Technology Responsible Officer: SVP - Research Innovation & Entrepreneurship Responsible Office: RI - Research
More informationCULTURAL ARTS ORDINANCE
YUROK TRIBE 190 Klamath Boulevard Post Office Box 1027 Klamath, CA 95548 Phone: 707-482-1350 Fax: 707-482-1377 CULTURAL ARTS ORDINANCE SUMMARY The Yurok Tribal Council is considering adopting a cultural
More informationPATENT AND LICENSING POLICY SUMMARY
PATENT AND LICENSING POLICY SUMMARY Policy II-260 OBJECTIVE To define and outline the policy of the British Columbia Cancer Agency and the British Columbia Cancer Foundation concerning the development
More informationAN OVERVIEW OF THE UNITED STATES PATENT SYSTEM
AN OVERVIEW OF THE UNITED STATES PATENT SYSTEM Significant changes in the United States patent law were brought about by legislation signed into law on September 16, 2011. The major change under the Leahy-Smith
More informationDISPOSITION POLICY. This Policy was approved by the Board of Trustees on March 14, 2017.
DISPOSITION POLICY This Policy was approved by the Board of Trustees on March 14, 2017. Table of Contents 1. INTRODUCTION... 2 2. PURPOSE... 2 3. APPLICATION... 2 4. POLICY STATEMENT... 3 5. CRITERIA...
More informationGENEVA WIPO GENERAL ASSEMBLY. Thirty-First (15 th Extraordinary) Session Geneva, September 27 to October 5, 2004
WIPO WO/GA/31/11 ORIGINAL: English DATE: August 27, 2004 WORLD INTELLECTUAL PROPERT Y O RGANI ZATION GENEVA E WIPO GENERAL ASSEMBLY Thirty-First (15 th Extraordinary) Session Geneva, September 27 to October
More informationAccepting Equity When Licensing University Technology
University of California Policy Accepting Equity When Licensing University Technology Responsible Officer: VP - Research & Graduate Studies Responsible Office: RG - Research & Graduate Studies Issuance
More informationTHE LABORATORY ANIMAL BREEDERS ASSOCIATION OF GREAT BRITAIN
THE LABORATORY ANIMAL BREEDERS ASSOCIATION OF GREAT BRITAIN www.laba-uk.com Response from Laboratory Animal Breeders Association to House of Lords Inquiry into the Revision of the Directive on the Protection
More informationARTICLE 11. Notification and recording of frequency assignments 1, 2, 3, 4, 5, 6, 7, 7bis (WRC-12)
ARTICLE 11 Notification and recording of frequency assignments 1, 2, 3, 4, 5, 6, 7, 7bis (WRC-12) 1 A.11.1 See also Appendices 30 and 30A as appropriate, for the notification and recording of: a) frequency
More information1 HB By Representatives Boothe, Clouse, Rowe and Martin. 4 RFD: State Government. 5 First Read: 02-MAR-17. Page 0
1 HB354 2 183292-1 3 By Representatives Boothe, Clouse, Rowe and Martin 4 RFD: State Government 5 First Read: 02-MAR-17 Page 0 1 183292-1:n:03/01/2017:MA/mfc LRS2017-868 2 3 4 5 6 7 8 SYNOPSIS: Under existing
More informationGENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS These General Terms and Conditions, including its Schedules 1 and 2 (together the General Terms and Conditions ) are made by and between Gameloft ( Gameloft ) and the advertiser
More informationDeep Sea Mineral Projects Inaugural Workshop & The International Seabed Authority Workshop (2011) Vira Atalifo SOPAC Division, SPC
Deep Sea Mineral Projects Inaugural Workshop & The International Seabed Authority Workshop (2011) Workshop Outlines Objectives and Outcomes Vira Atalifo SOPAC Division, SPC DSM Project Workshop Participants
More informationGEOGRAPHICAL AREA: The Italian territory, the territories of the European Union and all non-eu countries.
REGULATION OF THE "I SUSTAIN BEATY" CAMPAIGN The Company: DAVINES S.P.A. with Headquarters in: Parma Via Ravasini 9/a Tax ID: 00692360340 VAT Code: 00692360340 activity code: NAME OF THE CAMPAIGN: I Sustain
More informationDecision. On the authorization regime governing mobile satellite service (MSS) systems in the 2 GHz band
Decision On the authorization regime governing mobile satellite service (MSS) systems in the 2 GHz band 1. BACKGROUND By determination of 5 May 2011, the Management Board of ICP-ANACOM has approved the
More informationBRAZILIAN PATENT SYSTEM SEMINAR Brazilian patent litigation and practical business. Marc Hargen Ehlers January 31, 2012
BRAZILIAN PATENT SYSTEM SEMINAR Brazilian patent litigation and practical business Marc Hargen Ehlers mehlers@dannemann.com.br January 31, 2012 dannemann.com.br 2012 2012 Dannemann Dannemann Siemsen. Siemsen.
More informationInnovation Office. Intellectual Property at the Nelson Mandela University: A Brief Introduction. Creating value for tomorrow
Innovation Office Creating value for tomorrow PO Box 77000 Nelson Mandela University Port Elizabeth 6031 South Africa www.mandela.ac.za Innovation Office Main Building Floor 12 041 504 4309 innovation@mandela.ac.za
More informationTERMS AND CONDITIONS. for the use of the IMDS Advanced Interface by IMDS-AI using companies
TERMS AND CONDITIONS for the use of the IMDS Advanced Interface by IMDS-AI using companies Introduction The IMDS Advanced Interface Service (hereinafter also referred to as the IMDS-AI ) was developed
More informationFor the purposes of these Rules the relevant federation is the EUBGF
Tournament Rules For the purposes of these Rules the relevant federation is the EUBGF Edition 1.3 (EUBGF) August 2015 Copyright Comments, queries or suggestions may be submitted to info@eubgf.eu 1. PROPRIETIES...
More informationLexis PSL Competition Practice Note
Lexis PSL Competition Practice Note Research and development Produced in partnership with K&L Gates LLP Research and Development (R&D ) are under which two or more parties agree to jointly execute research
More informationNotice of Modification of Section 301 Action: China s Acts, Policies, and Practices Related
This document is scheduled to be published in the Federal Register on 09/21/2018 and available online at https://federalregister.gov/d/2018-20610, and on govinfo.gov [Billing Code 3290-F8] OFFICE OF THE
More informationThe 45 Adopted Recommendations under the WIPO Development Agenda
The 45 Adopted Recommendations under the WIPO Development Agenda * Recommendations with an asterisk were identified by the 2007 General Assembly for immediate implementation Cluster A: Technical Assistance
More informationeskbook Emerging Life Sciences Companies second edition Chapter 8 Checklist for Planning and Conducting an Effective FTO Search
eskbook Emerging Life Sciences Companies second edition Chapter 8 Checklist for Planning and Conducting an Effective FTO Search Chapter 8 CHECKLIST FOR PLANNING AND CONDUCTING AN EFFECTIVE FTO SEARCH The
More informationSøren Flensted Lassen, Novozymes A/S 07 June 2016
Brazil and European Dialogue on the Implementation of the Nagoya Protocol - Exchange of Genetic Resources - Private sector: Consideration and expectation in handling GR in product development, Incl. procedures
More informationMeasures for the Administration of Securities Investment within the Borders of China by Qualified Foreign Institutional Investors
Measures for the Administration of Securities Investment within the Borders of China by Qualified Foreign Institutional Investors Promulgation date: 08-24-2006 Department: China Securities Regulatory Commission,
More informationORBIT/SPECTRUM ALLOCATION PROCEDURES REGISTRATION MECHANISM
ORBIT/SPECTRUM ALLOCATION PROCEDURES REGISTRATION MECHANISM 1 Basic principles During the last 40 years, from the Administrative Radio Conference in 1963 and up to and including the last World Radiocommunication
More information(Non-legislative acts) DECISIONS
4.12.2010 Official Journal of the European Union L 319/1 II (Non-legislative acts) DECISIONS COMMISSION DECISION of 9 November 2010 on modules for the procedures for assessment of conformity, suitability
More informationU.S. TOURNAMENT BACKGAMMON RULES* (Honest, Fair Play And Sportsmanship Will Take Precedence Over Any Rule - Directors Discretion)
U.S. TOURNAMENT BACKGAMMON RULES* (Honest, Fair Play And Sportsmanship Will Take Precedence Over Any Rule - Directors Discretion) 1.0 PROPRIETIES 1.1 TERMS. TD-Tournament Director, TS-Tournament Staff
More informationIntellectual Property Ownership and Disposition Policy
Intellectual Property Ownership and Disposition Policy PURPOSE: To provide a policy governing the ownership of intellectual property and associated University employee responsibilities. I. INTRODUCTION
More informationSouth-South Exchange Meeting on the Conservation and Sustainable Use of Forest Biodiversity, 8-10 July 2009
South-South Exchange Meeting on the Conservation and Sustainable Use of Forest Biodiversity, 8-10 July 2009 ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING Valérie Normand Secretariat of the Convention
More informationUNIVERSITY OF HAWAI I SYSTEM TESTIMONY
UNIVERSITY OF HAWAI I SYSTEM TESTIMONY HCR146 REQUESTING A STUDY ON BIOPROSPECTING Testimony Presented Before the House Committee on Higher Education Rep. Tommy Waters, Chair Rep. Maile S.L. Shimabukuro,
More informationPARTICIPATION AGREEMENT between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA and INSERT PARTNER'S CORPORATE NAME
PARTICIPATION AGREEMENT between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA and INSERT PARTNER'S CORPORATE NAME THIS AGREEMENT is made by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ( UC Regents
More informationPreamble. The United Nations Conference on an International Code of Conduct on the Transfer of Technology,
International Investment Instruments: A Compendium DRAFT INTERNATIONAL CODE OF CONDUCT ON THE TRANSFER OF TECHNOLOGY 1 [1985 version] The Draft International Code of Conduct on the Transfer of Technology
More informationPresented at GIZ/SAWTEE Training on IPR 1-2 March 2012, Laltipur. Ratnakar Adhikari South Asia Watch on Trade, Economics and Environment
Presented at GIZ/SAWTEE Training on IPR 1-2 March 2012, Laltipur Ratnakar Adhikari South Asia Watch on Trade, Economics and Environment Genesis and background Patent provisions in the TRIPS Agreement Nepalese
More informationIP Strategies to Enhance Competitiveness: India s Experience
IP Strategies to Enhance Competitiveness: India s Experience N. N. Prasad Wednesday July 15, 2009 Innovation in Brazil, India and South Africa: A New Drive for Economic Growth and Development Strategy
More information