Biotechnology and Intellectual Property: The Limits of Animal Patentability in the European Union
Year: 2024
Type: article
Abstract: The study considers the possibility of patenting animal breeds as objects of intellectual property, taking into account the legislation and law enforcement practices of the European Union. It presents a retrospective analysis and detailed interpretation of the conventional and directive provisions related to the patent protection of animal breeds, and characterizes the differences between the latter and the microbiological process. It was observed that the position of the European Patent Office on this issue was not always unanimous, which was manifested in the contradictory interpretation of the relevant, not perfectly formulated, legislative norms. It was analyzed under what conditions the current position of the EU manifests itself in the fact that an animal breed, as a product of an exclusively biological process, cannot be subject to patent protection. In addition, the concepts of “biological” and “technical processes” were interpreted as additional criteria for patentability concerning living organisms. Attention was also paid to the ethical component of biotechnological inventions and the still problematic aspects of animal breeding as possible results of biotechnological activity were emphasized.
DOI: 10.31743/recl.17670
Authors: Mariia Golubei, Liliia Pankova
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405937843