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  • Development and implications of patent law in the field of biotechnology and genetic engineering. Report from the Commission to the European Parliament and the Council. COM(2002) 545 final

Abstract

This is the first report under Directive 98/44/EC on the legal protection of biotechnological inventions, which lays down that the Commission must transmit each year to the European Parliament and the Council a report on the development and implications of patent law in the field of biotechnology and genetic engineering. It is intended to highlight the key provisions of the Directive in the light of the judgment of the Court of Justice of the European Community of 9 October 2001.

The Commission's analysis shows that the Articles relating to the patentability of plants and animals and the patentability of elements isolated from the human body or otherwise produced, take account of society's concerns and of the financing needed for research. They comply strictly with the ethical rules recognised in the European Community, while protecting inventions developed in that field.

The Commission must identify and assess emerging problems in this area, and will therefore consider, in its future reports, two questions identified in this first report:
- The scope to be conferred on patents relating to sequences or part-sequences of genes isolated from the human body;
- The patentability of human stem cells and of cell lines obtained from them.

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Record Number: 1877 / Last updated on: 2002-10-15
Category: COM DOCUMENT
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