Law, College of
Nebraska Law Bulletin (Selected Issues)
Date of this Version
12-21-2024
Document Type
Article
Citation
Nebraska Law Bulletin, December 21, 2024
Abstract
The current decline in biodiversity is faster than any other point in human history.[1] Overexploitation is the leading driver of biodiversity loss; species are harvested at unreplenishable rates. Government, non-government, and industry representatives are searching for direction in addressing this rapid species loss. In particular, the World Intellectual Property Organization (“WIPO”) is looking to channel biodiversity conservation through patent systems by instituting an origin disclosure requirement within the patent application process. This paper explores the intersection of biodiversity and innovation, contending the origin disclosure requirement is an unjustified, ineffective mechanism to effectuate biodiversity conservation.
Part II describes the biodiversity crisis as it relates to innovation and consequentially, intellectual property (“IP”). This includes an overview of the functioning international conservation laws and patent systems- the legal environment influencing innovation and the context in which an origin disclosure requirement operates. Part III delves into the origin disclosure requirement itself, the logic behind it, and a critique of its operation and compatibility with the legal environment explored in Part II. Finally, accounting for the shortfalls of an origin disclosure requirement described in Part III, Part IV further addresses the barriers to effectuating biodiversity conservation through IP law and explores alternative mechanisms.