Comparison of US and EU Approach to Biotech Protection: Case analysis.

      Аннотация: This book essentially explores judicial attitude towards the development of underlying policies and legislations of IPR as it relates to patents and biotechnology inventions. The interpretation either widens or shrinks the scope of protection afforded to a particular invention which would either diminish the incentive for invention and innovation. Innovations are catalyst for development hence nations can attain and maintain top positions in industrial and technological advancement; through investment on Research and development by individuals and Corporations. EU a Regional Organization with robust legislations and Directives on Patent protection for the member states through the analyzed decisions clearly circumscribed the scope of patentable subject matter having regards to Ordre public and inventions that have performed its purpose thereby breaking the monopoly of the Patentee. The US on the other hand, notwithstanding the perceived utility of the inventions clearly could not allow protection over naturally occurring things hence outside the scope of patent. However, in another decision it clearly extended the monopoly right of a Patentee over self replicating seeds.

Ключевые слова: Biotechnology, Patent, Exclusion to Patent, Exhaustion of Patent right, Ordre Public