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A Comparative Analysis of the National Implementation of the Directive's Morality Clause
No full textA Quest for Clarity : Reconstructing Standards for the Patent Law Morality Exclusion
No full textThe accumulated importance of the patent law morality exclusion over the recent decades has been prompted by the increased protection sought for biotechnological inventions. This raises specific ethical concerns such as the respect for human dignity. The morality exclusion is regarded as an indispensable safeguard in the patent system of the 21st century, but its application and scope remains unclear, not least due to a division of competence between the European Union (EU), the European Patent Organisation and national Member States. In addition, the international Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the auspices of the World Trade Organization (WTO) sets minimum standards for the operation of the morality exclusion. In this study the scope, interpretation and application of the morality exclusion in European and international patent law is described and analysed by applying the legal dogmatic method. The object of study is the European patent law morality exclusion in terms of Article 53(a) and Rule 28 of the European Patent Convention and Article 6 of Directive 98/44/EC on the legal protection of biotechnological inventions. A connected purpose of this study is to describe, problematize and analyse the compliance by the regional rules (EU, European Patent Organisation) with the international framework provided by Article 27.2 of the TRIPS Agreement. Although this study is not limited to specific technologies, the majority of issues raised are done so in relation to the morality exclusion concerning biotechnological inventions, which is reflected in this work. Furthermore, the theoretical framework is dependent on the functioning of the morality exclusion in the respective systems, both regional (EU, European Patent Organisation) and international (WTO). This approach necessitates a consideration of the characteristics of each legal system. This thesis uncovers the differences in the interpretation of the morality exclusion (both within as well as between the legal systems), which causes legal uncertainty in this particularly complex field where patent law and ethics interact. The effects of such variations on the scope and application of the morality exclusion are clarified and critically reviewed. According to the wording of the morality exclusion, the commercial exploitation of an invention with regard to morality or ordre public is a central prerequisite in the assessment of excluded subject matter. Consequently, the interpretation of this particular requirement is subject to critical review, since its implications are decisive for the scope of application of the morality exclusion. It is furthermore questioned whether the European morality exclusions are TRIPS-compliant, and the possible effects (and available remedies) of non-compliance for the EU legal order are analysed. This in turn involves issues of norm conflicts in international and EU law. The author presents a critical analysis, investigates the interaction between legal systems and suggests clarifications in order to attain the optimal functioning of the morality exclusion
Patent eller växtförädlarrätt? [Elektronisk resurs] : Immaterialrättsligt skydd för växter med avseende på undantaget för "växtsorter" i europeisk patenträtt och praxis inom EPO
No full textThe Research Exemption in Patent Law and its Application to hESC Research
No full textT he scope of the experimental use exemption is one of the most important and hotly contested issues in patent law today, which aims to create incentivcs for cechnological progress and future innovation by rewarding inventors with (limiced) exd usive righrs. A contenrious issue is the risk of patents stifling further innovation, such as improvcments to patented inventions, and thus depriving sociecy of such benefits. This risk is managed by statutory !imitations on the exclusivc right for the benefit of third parties to use the invention without the patent holder's consent. A main argument for !imitations is that uses of the invention as a source of further research and dcvelopment (R&D) should not be subject to the will of thc patent holder, as in those cases the interest of the public in the progress of science and technology should override the interests of the patentee. This theory is supporced by the so-called experimental use exemption, which exempts from patent infringements 'acts done for experimental purposes relating to the subject matter of the inventio
Software Patents
No full textThe purpose of this chapter is to give an overview of the main issues in regard to software patenting in the 21st century. The focus is on the question of patentability of software, since this is the area which has caused the most problems for patent offices and courts. The main systems of concern are the European and U.S. patent systems. The chapter begins with a presentation of the concept of software in section 2, followed by section 3 with a presentation of IP and patents and the international legal context as well as the European and U.S. patent systems. In section 4 the debate regarding the patent system as a proper protection system for software is discussed. Section 5 outlines the international patent rules pertaining to software which are contained in the TRIPS agreement. Section 6 concentrates on the European approach to software and business methods’ patentability, while Section 7 explores the corresponding U.S. approach. Finally there are some brief final words in Section 8
Patent eller växtförädlarrätt? : Immaterialrättsligt skydd för växter med avseende på undantaget för "växtsorter" i europeisk patenträtt och praxis inom EPO
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Patent på stamceller i Europa : EU-domstolen begränsar möjligheterna till kommersialisering av stamcellsforskning
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