Intellectual Property and Biotechnology: The European Debate

Baruch A. Brody

11 citations0/0 files storedKennedy Institute of Ethics journal

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Intellectual Property Law Intellectual Property and Patents Law, AI, and Intellectual Property

Abstract

The European patent system allows for the introduction of moral issues into decisions about the granting of patents. This feature has greatly impacted European debates about the patenting of biotechnology. This essay explores the European experience, in both the European Union and the European Patent Organization. It argues that there has been great confusion surrounding these issues primarily because the Europeans have not developed a general theory about when exclusion from patentability is the best social mechanism for dealing with morally offensive technologies.

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1986COUNCIL OF EUROPE, PARLIAMENTARY ASSEMBLY 1990European human rights law 2001Led Astray by the Moral Compass: Incorporating Morality into European Union Biotechnology Patent Law 2006Intellectual Property and Human Embryonic Stem Cell Research 2006Intellectual Property and Biotechnology: The U.S. Internal Experience--Part II 2004European opposition to exclusive control over predictive breast cancer testing and the inherent implications for U.S. patent law and public policy: a case study of the Myriad Genetics' BRCA patent controversy.

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