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| - | {{HeaderGroningen2011}}
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| - | ==Introduction==
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| - | Over the last few year there has been much addoo about intelectual properties
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| - | 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
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| - | ==Patent law in general==
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| - | Patents
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| - | The main justification for a patent system is to protect the investments required to develop a new method
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| - | Some historian argue that patent law originated as early as the itallian renaisance but
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| - | 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
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| - | *New (unpubli)
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| - | Patent versus Copyrigth
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| - | ==What action do patents restrict?==
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| - | ==What action do patents not restrict?==
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| - | *You can still us patented cells for research purposes
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| - | ==Eurpepean patent law==
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| - | European Patent law is governed by a several international agreements in addtion to a great many national laws.
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| - | The most important of these are:
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| - | * The European Patent Convention (In force since October 7th 1977, newest revistion)
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| - | * The TRIPS agreement (In effect since January 1st 1995)
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| - | Addtionally biological patents specifcally are heavely influenced by:
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| - | * Directive 98/44/EC (In force since Juli 30th 1998)
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| - | * Convention on Biological Diversity (In effect since 29th December 1993)
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| - | While some of these law sources extend beyond the current 27 member of the european union they are all
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| - | A quick description of each of these treaties:
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| - | The European Patent Convention covers mostly
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| - | It States that:
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| - | European Patent Convention article 53
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| - | European patents shall not be granted in respect of:
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| - | (a)
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| - | 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;
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| - | (b)
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| - | 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;
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| - | (c)
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| - | 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.
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| - | {{FooterGroningen2011}}
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