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According to recital 27 of the EU Biotech Directive, the patent application for an invention which has biological material of plant or animal origin as its subject matter or uses such material should include specifications regarding the geographical origin of this material if it is known. It is also made clear that this does not affect the patent application examination and the validity of the rights conferred by a granted patent. The regulation provided for in the Patent Act goes beyond recital 27 of the EU Biotech Directive in two respects: on the one hand, the declaration requirement does not only affect genetic resources from plants and animals, but also those from microorganisms as well as traditional knowledge of indigenous and local communities; and on the other hand, failure to fulfil the declaration requirement leads to the rejection of the patent application and the deliberate misrepresentation regarding the source known to the inventor or patent applicant will be criminally punished. Recital 27 of the EU Biotech Directive, in contrast, does not provide for patent or criminal sanctions in either a case of non-compliance with the disclosure requirement or deliberate misrepresentation.
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