22. Introducing document IP/C/W/472, the representative of Japan said that the communication contained in its annex had also been submitted to the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC). The document consisted of four parts: the relationship between the Convention on Biological Diversity (CBD) and the patent system; efforts made by Japan in pursuing the objectives of the CBD; the establishment of databases on genetic resources or traditional knowledge to prevent erroneously granted patents; and the study of the disclosure requirement. He said that the CBD and the patent system were complementary to each other. The patent system conferred protection to inventions that met the stipulated criteria rather than to matters that existed in the public domain, such as traditional knowledge or genetic resources. The patent system thus provided an important incentive for innovation and technology transfer, and should not be changed on account of the provisions of the CBD.
23. As a party to the CBD, Japan had been actively involved in pursuing its objectives. Japan had established "Biotechnological Strategies" and "Guidelines on Access to Genetic Resources for Users in Japan" to encourage private companies and researchers to comply with the CBD and the Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization (the Bonn Guidelines). The Japanese Bioindustry Association (JBA) had conducted training programmes to promote the CBD. The National Institute of Technology and Evaluation (NITE), a biological resource centre in Japan, had been promoting joint research projects with other Asian countries in compliance with the CBD requirements of access and benefit sharing and prior informed consent.
24. Japan shared some Members' concerns on erroneously granted patents. It was his delegation's view that building databases of genetic resources and traditional knowledge that would be easily accessible to examiners would be effective to prevent such a problem. In the paper it was suggested that a summary, written in a language that most examiners could understand, be attached to documents written in indigenous languages. This would enable patent examiners to utilize databases on a one-stop-research basis.
25. Regarding the requirement of disclosure of origin, prior informed consent or benefit sharing, he said that this requirement would not help to prevent erroneously granted patents, because patent examiners had to research technical information with respect to novelty and inventive step regardless of the country of origin or source.
