Protección jurídica de las invenciones biotecnológicas en el marco de la Unión Europea: sentencia del 6 de julio de 2010 del Tribunal de Justicia de la Unión Europea
In view of new developments in genetic engineering and in the context of a globalized economy, in which what sacrifices one, is won by the other, the law assumes a role of settling and balancing these overlapped interests. This article aims to present a concrete analysis of the European Court of Jus...
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| Format: | Article |
| Language: | Spanish |
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Universidad Externado de Colombia
2011
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3785216 |
| Source: | Revista la propiedad inmaterial, ISSN 1657-1959, Nº. 15, 2011, pags. 225-233 |
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| Summary: |
In view of new developments in genetic engineering and in the context of a globalized
economy, in which what sacrifices one, is won by the other, the law assumes
a role of settling and balancing these overlapped interests.
This article aims to present a concrete analysis of the European Court of Justice
Decision of July 6, 2010, that established the spatial and temporal application of
the Article 9 of the European Directive 98/44/ec. This rule determines that the
protection conferred by a patent for a dna sequence, integrated with other products,
depends on the exercise of the function for which it was patented.
A decision in this direction has a major influence on innovation impulse by allowing
the appearance of new scenarios caused by different uses of the protected
sequences. The rights of big knowledge innovators such as Monsanto, must be
surrounded by a clear legal framework concerning the extension of the protection
conferred; otherwise, the commercialization, development and creation of new
products would be limited in excess. |
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