Team:Groningen/human practices legal perspective

From 2011.igem.org

(Difference between revisions)
(Blanked the page)
 
(33 intermediate revisions not shown)
Line 1: Line 1:
-
{{HeaderGroningen2011}}
 
-
 
-
==Introduction==
 
-
Over the last few year there has been much addoo about intelectual properties
 
-
 
-
This section of our wiki tries to give biolegist a understandable legal perspective on the current state of patent law in europe. It does this by ex
 
-
For
 
-
 
-
 
-
 
-
 
-
==Patent law in general==
 
-
Patents
 
-
The main justification for a patent system is to protect the investments required to develop a new method
 
-
 
-
Some historian argue that patent law originated as early as the itallian renaisance but
 
-
 
-
According to data from the World Intellectual Property Organization over 1.5 million patents where granted world wide last year alone. This number of course contains many
 
-
 
-
*New (unpubli)
 
-
 
-
Patent versus  Copyrigth
 
-
 
-
 
-
==What rigths do patents give?==
 
-
 
-
*You can still us patented cells for research purposes
 
-
 
-
 
-
==Eurpepean patent law==
 
-
European Patent law is governed by a several international agreements in addtion to a great many national laws.
 
-
The most important of these are:
 
-
 
-
* The European Patent Convention (In force since October 7th 1977)
 
-
* European_Patent_Convention (In force since August 1s, 1980)
 
-
* The TRIPS agreement (In effect since January 1st 1995)
 
-
 
-
Addtionally biological patents specifcally are heavely influenced by:
 
-
* Directive 98/44/EC (In force since Juli 30th 1998)
 
-
* Convention on Biological Diversity (In effect since 29th December 1993)
 
-
 
-
 
-
 
-
 
-
 
-
 
-
7 October 1977 muchen convention
 
-
 
-
 
-
[[http://www.epo.org/law-practice/legal-texts/html/epc/2010/e/ar53.html| article 53]]
 
-
 
-
European patents shall not be granted in respect of: 
 
-
(a)
 
-
inventions the commercial exploitation of which would be contrary to "ordre public" or morality; such exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation in some or all of the Contracting States; 
 
-
(b)
 
-
plant or animal varieties or essentially biological processes for the production of plants or animals; this provision shall not apply to microbiological processes or the products thereof;
 
-
(c)
 
-
methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body; this provision shall not apply to products, in particular substances or compositions, for use in any of these methods.
 
-
 
-
 
-
 
-
{{FooterGroningen2011}}
 

Latest revision as of 08:31, 20 September 2011