For the last 25 years we have seen a flood of new developments and new applications in the field of biotechnology and genetic engineering. The question facing researchers, patent practitioners, patent authorities, courts and legislators is whether or not, and if yes, to which extent, protection...

In their animated book 'The Patent Crisis and How the Courts can Solve It', Dan Burk and Mark Lemley give an account of their quest into the judicial treatment of patents in different industry sectors. They present an in-depth commentary on industry specific differences in the patent system from...

The exchange of patented inventions and related know-how often takes place through bilateral or cross licenses. Our previous research examined the role of collaborative licensing models in streamlining access and use of patents, specifically in the field in genetics. The present essay examines...

The present paper examines the last, quintessential steps in the parcours towards the final implementation of the EU Biotechnnology Directive in Belgian patent law. Whereas the first bill was hotly debated in parliament [see G. Van Overwalle, ‘Of Green Mice with Red Ears’,...

The present paper provides a thorough analysis of the genesis and content of the Belgian Bill of September 21 2004 implementing the EU Biotechnology. A careful comparison is made with the previous Bill of June 21 2002. Wide attention is also paid to the opinion of the Conseil d’ Etat regarding...

Intellectual property rights have, from their inception, been shaped by international treaties. National legislators have had to look at the international scene to gain some insight into the prevailing intellectual property standards. This trend was less prominent in the field of patent law and...

The extension of patent protection to biological material is by no means a recent phenomenon in Belgium. In 1836 the Belgian Patent Office granted the first patent for a micro-organism, viz. a yeast for the production of beer. A century later, in 1949, the Office delivered the first patent for a...

The paper discusses the difficult genesis of the EU Biotechnology Directive and highlights how the Belgian legislator interpreted the Directive. Attention is also paid to other treaties and conventions which have influenced the patentability of biological inventions. The paper concludes that the...

Law meets biotechnology: on the one hand, there is patent law, offering intellectual protection for biotechnological inventions; on the other hand, there is safety law, offering protection against possible harmful effects of biotechnological developments. However, are patent law and safety law...