FOR CONSIDERATION BY THE PORTFOLIO COMMITTEE ON TRADE AND INDUSTRY

AMENDMENTS TO PATENTS AMENDMENT BILL B 17-20051

CLAUSE 2

1. On page 3, from line I, to omit subsections (3 A) and (3B) and to substitute:

"(3A) Every applicant who lodges an application for a patent accompanied by a complete specification shall, before acceptance of the application, lodge with the registrar a statement in the prescribed manner stating whether or not the invention for which protection is claimed is based on or derived from an indigenous biological or genetic resource, or traditional knowledge or use.

(3B) The registrar shall call upon the applicant to furnish proof in the prescribed manner as to his or her title or authority to make use of the indigenous biological or genetic resource, or of the traditional knowledge or use if an applicant lodges a statement that acknowledges that the invention for which protection is claimed is based on or derived from an indigenous biological or genetic resource, or traditional knowledge or use.".

CLAUSE 3

1. On page 3, in line 23, after "knew" to insert "or ought reasonably to have know"