FAQs on legal protection of biotechnical inventions
The European Commission has published the answers to a series of frequently asked questions (FAQs) on the so-called 'biotech patents Directive' in response to an increasing number of enquiries on its scope and objectives. There has been much debate and discussion over the European Parliament and Council Directive (98/44) covering the legal protection of biotechnical inventions, generating many questions. For example, questions have been raised as to how the Directive affects access to the human genome data and possible restrictions to research and applications for which this data could be used. 'The...set of answers to a number of frequently asked questions (FAQs) is intended to clarify and explain the provisions of the Directive and to allay any concerns,' says the Commission. Answers to the following questions are provided: - Why are patents necessary in the area of biotechnology? - Can the discovery of DNA or the human genome be patented under the Biotech Patents Directive? - Surely all biotechnological inventions which deal with human, vegetable, or animal genes involve materials which already occur in nature and can therefore under no circumstances be invented but only discovered? - But isn't the Directive unclear on whether gene-based inventions can be patented? - But aren't the techniques for isolating and even determining the function of particular genes now becoming more routine? - Does the Directive allow for methods of cloning human beings to be patented? - Does the Directive override national laws governing for example research activities? - When must the Directive be implemented in the Member States? As the Netherlands has already challenged the legality of the Directive, what incentive is there for the Member States to implement it by the 30th July deadline? - Does the Commission plan any further initiatives in the area of patents and biotechnology?