By William Lesser
Following the united states Patent Office's assertion in 1987 that it considers animals "to be patentable material in the scope" of patent legislation, there was substantial all over the world debate in this topic. This paintings includes the court cases of the Animal Patents Symposium held at Cornell college, united states, on December 5-6, 1988, prepared via the editor of this paintings.
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Following the U.S. Patent Office's statement in 1987 that it considers animals "to be patentable material in the scope" of patent legislation, there was huge world wide debate in this topic. This paintings contains the court cases of the Animal Patents Symposium held at Cornell college, united states, on December 5-6, 1988, equipped through the editor of this paintings.
Additional resources for Animal Patents: The Legal, Economic and Social Issues
Whereas both the courts and legislation of the European Community member states are preempted or bound either by narrow limits of the law or by existing, expressed or assumed international obligations, 15 US legislation, courts, and administration do not have such constraints. Scientific achievements in modern animal biotechnology, the exclusionary provisions of the EPC and harmonized national patent laws do prevent patenting of traditional animal-breeding results, but do so while allowing the patenting of all kinds of animal material and of transgenic animals, as long as claims are not directed to animal varieties.
In addition to Article 53(b), provisions of Articles 53(a) and 52(4) of the EPC are of decisive importance in this context. There is no disagreement that the exclusion by Article 53(a) of inventions, the publication or exploitation of which would be contrary to ordre public or morality is both necessary and useful. It guarantees that social and ethical considerations can be taken into account in the patent law system, which is otherwise neutral in its judgement and entirely devoted to the technological appreciation of inventions (Beier and Straus, 1986).
P. (1985) Biotechnology and the Law, 2nd edn. New York: Clark Boardman. Herre, W. (1961) Der Art- und Rassebegriff. Handbuch der Tierziichtung, ed. J. Hammond eta/. Hamburg: Parey. Jaenisch, R. (1988) Transgenic Animals. Science, 204 (June): 1468 et seq. Kruger, L. (1961) Geschichtliche Entwicklung der Rassen in der europaischen Tierzucht. Handbuch der Tierziichtung, ed. J. Hammond eta/. Hamburg: Parey. Land, R. B. and I. Wilmut (1987) Gene Transfer and Animal Breeding. ): 169 et seq. Lesser, W.
Animal Patents: The Legal, Economic and Social Issues by William Lesser