132. The representative of UNCTAD said that in response to a request made by the CBD Secretariat to UNCTAD to examine issues related to disclosure of origin requirements in intellectual property applications, UNCTAD had commissioned Joshua Sarnoff and Carlos Correa to prepare a paper entitled "Analysis of Options for Implementing Disclosure of Origin Requirements in Intellectual Property Applications". He indicated that the views expressed in the paper were those of the authors and did not necessarily reflect those of the UNCTAD Secretariat. The study identified a need for an international system of mandatory disclosure of origin requirements and set out the possible features of such a system. It addressed questions of terminology and scope, before discussing issues including choices for model provisions on disclosure requirements and the choice of treaty regime in which to adopt requirements. Options relating to substantive and procedural triggers for disclosure requirements were examined, and the authors also considered incentives for the enforcement of such obligations. In addition, the paper looked at practical issues related to the enforcement of disclosure requirements within existing treaties, and analyzed intellectual property law issues raised by the use of international certificates of origin. The study's authors argued that a system of mandatory disclosure of origin requirements could be an effective way to contribute to goals of deterring the misappropriation of genetic resources, strengthening the intellectual property system and promoting the fair sharing of benefits derived from the use of genetic resources and associated traditional knowledge.
