81. The representative of Malaysia said that there was a number of Members interested in a system of protection of genetic resources and traditional knowledge that was effective and benefited both the patent applicants and the owners of such resources or knowledge. She looked for further clarification of how this system would work in a practical and operational manner. She said that IP/C/W/442 stated that there should be evidence of fair and equitable benefit-sharing based on national law. This requirement would not be cumbersome, as the applicants had simply to supply information of full compliance with the laws of the country of origin. However, it was not clear who determined whether the requirements had been met by the applicant, whether it should be the patent office or the national authority of the country of origin. If it was the patent authority or even the courts of the country where the patent office was located, how would such authorities be able to judge adherence to laws outside their own jurisdiction? It was not clear if the patent authorities would be able to conduct this task with due diligence and commitment. Certification systems of compliance at the national or international levels had been mentioned, but it was not clear what would happen in cases where the beneficiaries had not been clearly identified or where the source or origin was unknown. She sought clarification on whether a patent application could still continue even if benefit-sharing could not take place due to these reasons.
