[Patent rights and biotechnological inventions].
In spite of all the controversy surrounding it and the problems encountered in the process leading to its adoption, the Directive on the legal protection of biotechnology inventions does not feature anything substantially new compared to the criteria used by patent offices in determining whether inventions of this type can be patented. The Directive's originality stems not so much from the interpretation given of patenting requirements but rather from the legal importance attached to issues of public policy or morality. It sets out and interprets for the member states of the European Union what is meant by the term. However, in our opinion this regulation of morality reflects above all else an attempt to satisfy the views of sectors opposed to the Directive. Clearly, there is some doubt as to whether in practice patents for genetic material can be turned down because they run counter to morality, except in blatant cases of immorality (applications for patents for human embryos, etc).
Lobato García-Miján
M
M
Derecho Mercantil, Universidad Autónoma de Madrid, España.
D000818:Animals; D030801:Animals, Genetically Modified; D001709:Biotechnology / Q000331:legislation & jurisprudence*; D005060:Europe; D005818:Genetic Engineering / Q000331:legislation & jurisprudence; D005826:Genetics, Medical / Q000331:legislation & jurisprudence; D006801:Humans; D007391:International Cooperation; D010330:Patents as Topic / Q000331:legislation & jurisprudence*; D030821:Plants, Genetically Modified