Technology, Patents and Markets: The Implied Lessons of the EU Commission’s Intervention in the Broccoli/Tomatoes Case of 2016 for Modern (Plant) Genome Editing

Technology, Patents and Markets: The Implied Lessons of the EU Commission’s Intervention in the... The article deals with plant patents and examines the interplay between technology, patents and markets from a twofold perspective, a legal–technical and a conceptual one. On the legal–technical level, it raises the question whether the Commission’s Notice of 8 November 2016 on the EPO Broccoli/Tomatoes constellation and the novel Rule 28 EPC-IR (2017) have an impact on the patentability of modern genome editing techniques. It argues that these affect patentability and limit the available protection scope to bare process claims. On the conceptual level, the article is interested in the role of patent law in structuring primary and secondary markets. It submits that in the face of modern biotechnology’s challenges, patent law cannot restrict itself to the classical principles of patentability, dependency and exhaustion, which disconnect patentability requirements and scope. It argues that the EU Biotech Directive is to be interpreted as a relinking of patentability and scope in order to also serve the freedom to operate on secondary markets. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png IIC - International Review of Intellectual Property and Competition Law Springer Journals

Technology, Patents and Markets: The Implied Lessons of the EU Commission’s Intervention in the Broccoli/Tomatoes Case of 2016 for Modern (Plant) Genome Editing

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Publisher
Springer Journals
Copyright
Copyright © 2018 by Max Planck Institute for Innovation and Competition, Munich
Subject
Law; International IT and Media Law, Intellectual Property Law
ISSN
0018-9855
eISSN
2195-0237
D.O.I.
10.1007/s40319-018-0710-6
Publisher site
See Article on Publisher Site

Abstract

The article deals with plant patents and examines the interplay between technology, patents and markets from a twofold perspective, a legal–technical and a conceptual one. On the legal–technical level, it raises the question whether the Commission’s Notice of 8 November 2016 on the EPO Broccoli/Tomatoes constellation and the novel Rule 28 EPC-IR (2017) have an impact on the patentability of modern genome editing techniques. It argues that these affect patentability and limit the available protection scope to bare process claims. On the conceptual level, the article is interested in the role of patent law in structuring primary and secondary markets. It submits that in the face of modern biotechnology’s challenges, patent law cannot restrict itself to the classical principles of patentability, dependency and exhaustion, which disconnect patentability requirements and scope. It argues that the EU Biotech Directive is to be interpreted as a relinking of patentability and scope in order to also serve the freedom to operate on secondary markets.

Journal

IIC - International Review of Intellectual Property and Competition LawSpringer Journals

Published: Jun 4, 2018

References

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