By William Lesser
Following the united states Patent Office's assertion in 1987 that it considers animals "to be patentable material in the scope" of patent legislation, there was massive around the world debate in this topic. This paintings includes the court cases of the Animal Patents Symposium held at Cornell college, united states, on December 5-6, 1988, geared up by way of the editor of this paintings.
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Extra resources for Animal Patents: The Legal, Economic and Social Issues
The second phase ended in the Convention on the Unification of Certain Points of Substantive Law on Patents for Inventions, established in 1963 (the Strasbourg Convention). That Convention in Article 2b made it mandatory to protect microbiological processes and their resulting products, but left it to the discretion of the signatories as to whether or not to protect new plant or animal varieties and essentially biological processes employed in their production (Straus, 1985: para. ). When the European Patent Convention (EPC) was adopted in 1973, it was decided that it could not impose obligations on contracting states other than those provided for under the Strasbourg Convention.
Int. Rev. Ind. Property Copyright Law, 15: 426 et seq. - - (1985) Industrial Property Protection of Biotechnological Inventions, Analysis of Certain Basic Issues. Geneva: World Intellectual Property Organization, BIG 281 (July). - - (1987) The Principle of "Dependence" under Patents and Plant Breeders' Rights. Ind. , 12: 433 et seq. Teich, A. M. eta/. ) (1985) Biotechnology and the Environment. Washington DC:AAAS. Teschemacher, R. (1987) Patentable Subject Matter under the European Patent Convention (EPC) in the Field of Biotechnology.
EPO, 112 (at 116)-Propagating Material/CIBA-GEIGY. 9 US Patent no. 4,736,866 (issued April12, 1988). 10 EP publication no. 0264166-A 1 (April20, 1988). 11 Neither the rodent of claim 11 nor the "rodent being a mouse" of claim 12 in the Leder patent can be viewed as an animal variety. " 8 23 Legal Issues processes for the production of animals. 4): The question whether a process is "essentially biological" is one of degree depending on the extent to which there is technical intervention by man in the process; if such intervention plays a significant part in controlling the result it is desired to achieve, the process would not be excluded.
Animal Patents: The Legal, Economic and Social Issues by William Lesser