On July 5 2000 the European Commission proposed the creation of a Community patent to give inventors the option of obtaining a single patent legally valid throughout the European Union. The Lisbon European Council cited the creation of a Community patent as an essential part of Europe's efforts...

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 present report is based on an independent, policy-oriented investigation of the current European patent system. The central premise of the report is that the patent system has so far been a positive factor in promoting innovation and the diffusion of knowledge, and thus that the system is...

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...

The present paper explores the multi-layered relationship between plant patents, the right to food and competition law. The present contribution takes the view that the growing tendency to appropriate agricultural crops through intellectual property (IP) – thereby making a pivotal shift from...

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 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...

Various remedies have been suggested to deal with potential hindering effects of patents in the area of plant and human biotechnology – two areas which show remarkable linkages and share similar problems. What many of these suggestions have in common, is their call for a more responsible...