Page 397 - Regional Comprehensive Economic Partnership (RCEP)

Article 11.50: Information as Prior Art for Designs Made Available SECTION G
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to the Public on the Internet GENETIC RESOURCES, TRADITIONAL KNOWLEDGE, AND
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FOLKLORE
The Parties recognise that information made available to the public on
the internet may form part of the prior art for designs.
Article 11.53: Genetic Resources, Traditional Knowledge, and
Folklore
Article 11.51: Registration or Grant and Applications of Industrial
Designs 1. Subject to its international obligations, each Party may establish
appropriate measures to protect genetic resources, traditional
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Each Party shall provide a system for the registration or grant of knowledge, and folklore.
industrial designs, which shall include:

(a) a requirement to provide to the applicant a communication 2. Where a Party has disclosure requirements relating to the source
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in writing, which may be provided electronically, of the or origin of genetic resources as part of its patent system, that
reasons for a refusal to register or grant an industrial Party shall endeavour to make available its laws, regulations, and
design; procedures with respect to such requirements, including on the
internet where feasible, in such a manner as to enable interested
(b) an opportunity for the applicant to respond to persons and other Parties to become acquainted with them.
communications from the Party’s competent authorities for
industrial designs, and to contest, challenge, or appeal a 3. Each Party shall endeavour to pursue quality patent examination,
refusal to register or grant an industrial design; which may include:

(c) an opportunity to seek cancellation or invalidation or (a) that when determining prior art, relevant publicly available
revocation of a registration or grant; and documented information related to traditional knowledge
associated with genetic resources may be taken into
(d) a requirement that administrative decisions in account;
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cancellation or invalidation or revocation proceedings shall
be reasoned and in writing. Such decisions may be (b) an opportunity for third parties to cite, in writing, to the
provided electronically. competent examining authority, prior art disclosures that
may have a bearing on patentability, including prior art
disclosures related to traditional knowledge associated
Article 11.52: Introduction of International Classification System for with genetic resources; and
Industrial Designs

41 For greater certainty, this Section is without prejudice to the position of any Party on
Each Party shall endeavour to use a classification system for industrial genetic resources, traditional knowledge, and folklore, including in any bilateral or
designs that is consistent with the Locarno Agreement Establishing an multilateral negotiations through any fora, such as the WIPO Intergovernmental
International Classification for Industrial Designs signed at Locarno on 8 Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and
October 1968, as amended from time to time. Folklore.
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For greater certainty, the Parties understand that such “appropriate measures” are a
matter for each Party to determine and may not necessarily involve its intellectual
property system.
39 For greater certainty, nothing in this Article shall require a Party to ensure that its
administrative authorities conduct substantive examination of designs. 43 The Parties recognise the fact that some Parties also require, if applicable, in their
patent systems, evidence of prior informed consent and access and benefit sharing for
40 For the purposes of this subparagraph, “administrative decisions” may include quasi- genetic resources and associated traditional knowledge.
judicial decisions.

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