Chapter 7 Key debates

Patents

Topic

Biotechnology patents and morality

Author

Amanda Warren-Jones

Standpoint

Summarizes the history of the development of the morality objections in the context of biotechnology patents.

Current approaches to morality within the EU and globally are diverse. Warren-Jones argues that there is a need for a common approach to be developed worldwide, and that the EPO is in a position to do this, but in fact its judgments have induced confusion.

Source

‘Finding a ‘Common Morality Codex’ for Biotech—A Question of Balance’ (2008) 39(6) IIC 638–661

Author

Enrico Bonadio

Standpoint

Considers the implications of the Brüstle decision in this ongoing debate. The potential for a challenge to the EU under WTO rules is noted.

Source

‘Biotech Patents and Morality after Brustle’ (2012) 34(7) EIPR 433–443

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