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Traditional Knowledge Laws: Sweden

Title Regulation (2004:162) Amending the Patents Decree
Subject Matter Genetic Resources
Issue(s) Trigger of Disclosure; Content of Disclosure; Consequences of Non-Compliance
Type(s) of Legislation IP Law

Trigger of Disclosure

Article 5a

If an invention concerns biological material of plant or animal origin or if it uses such material, the patent application shall include information on the geographical origin of such material, if this is known. If the origin is not known, this shall be indicated.

Lack of information on the geographical origin or on the knowledge of the applicant regarding the origin is without prejudice to the processing of the patent application or the validity of the rights arising from a patent granted.

Content of Disclosure

Article 5a

If an invention concerns biological material of plant or animal origin or if it uses such material, the patent application shall include information on the geographical origin of such material, if this is known. If the origin is not known, this shall be indicated.

Lack of information on the geographical origin or on the knowledge of the applicant regarding the origin is without prejudice to the processing of the patent application or the validity of the rights arising from a patent granted.

Consequences of Non-Compliance

Article 5a

If an invention concerns biological material of plant or animal origin or if it uses such material, the patent application shall include information on the geographical origin of such material, if this is known. If the origin is not known, this shall be indicated.

Lack of information on the geographical origin or on the knowledge of the applicant regarding the origin is without prejudice to the processing of the patent application or the validity of the rights arising from a patent granted.