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Council common position on proposal on legal protection of biotechnological inventions

On 7 February 1994 the Council adopted a common position on a Commission proposal for a Directive on the legal protection of biotechnological inventions(OJ No C 44 of 16.2.1993, p. 36). The purpose of the Commission proposal is to lay down clear provisions to provide an equal...

On 7 February 1994 the Council adopted a common position on a Commission proposal for a Directive on the legal protection of biotechnological inventions(OJ No C 44 of 16.2.1993 p. 36). The purpose of the Commission proposal is to lay down clear provisions to provide an equal level of patent protection for biotechnological inventions in all Member States. The proposal contains a series of definitions and rules of interpretation. They are designed to specify clearly what is or what is not patentable and to settle demarcation difficulties which arise in connection with plant variety rights. The proposal also contains provisions designed to ensure that the patent offices of the Member States follow a uniform procedure for granting patents which should result in uniform national judicial practices. It also establishes the extent of protection given by a patent on a biotechnological invention. The need to supplement patent law is vital in view of the growth in the market for biotechnological products and the uncertainty surrounding the application of existing patent law, which can impede the free circulation of biotechnological products and investment in research into biotechnological products and processes.

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