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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 rigths do patents give?==
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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)
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| - | * European_Patent_Convention (In force since August 1s, 1980)
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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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| - | 7 October 1977 muchen convention
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| - | [[http://www.epo.org/law-practice/legal-texts/html/epc/2010/e/ar53.html| 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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