NCCR IP9 WORKSHOP

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NCCR International Trade

• NCCR IP9 WORKSHOP
• 17th May 2006
• Patentability of Life Forms
• By
• Michelangelo Temmerman

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IP9 Workshop

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Patenting Gene Sequences

• Unmodified gene (nucleic) sequences discovery or
  invention?
• Patenting higher life forms (US/Europe) or their
  building blocks gene sequences and cells
  (Canada)?
• Role of the industrial application requirement
  (purpose bound protection?)
• The inventiveness of a sequence isolated by a
  known process
• Equation between gene sequences and chemical
  compounds

4
Dual Protection UPOV/Patents

• Excluding plant varieties from patentability
  (Europe) or allowing dual protection
  (US/Australia)?
• Is the European approach efficiently excluding
  varieties? (loopholes?)
• Is the UPOV system still needed?
• What about the exclusion of animal breeds?

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Need for International Harmonization

• International patent law harmonization pros
  cons
• Should we leave the sensitive area of
  biotechnology up to regional/national
  authorities?
• Special treatment for developing countries?

6
Ordre Public and Morality in the Patent Office

• Is the patent office the right place to deal with
  those concepts? (taking into account its limited
  role in the regulatory framework and its
  practical limitations to assess risks)
• Concept of ordre public (generally and for
  biotechnology in specific)
• Concept of morality (generally and for
  biotechnology in specific)
• Human rights