La constitution d'un nouveau droit de propriété intellectuelle sur le vivant aux États-Unis : origine et signification économique d'un dépassement de frontière

Abstract

The paper deals with the establishing of a new intellectual property right on living entities in the United States and its economic meaning. Analyzing the origins of this new right and its evolution, the aim of the paper is to exhibit the significant changes of boarders between objects that were traditionally covered by IPR and those that were traditionally excluded from their granting. The article shows that the new right is grounded in radically new orientations of the American public policies and in some specificities of the common law tradition. The key moments which marked the establishing of this new right are then exposed and discussed. Debates, often controversial to which this evolution has given rise, are presented. The article ends by discussing the economic meaning of these changes.

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