Biotechnology offers relevant applications in the medical sector. Genetic engineering provides new methods of diagnosis and therapeutic processes, which are very important in such areas as preventing and fighting cancer. Biomedical technologies are at the core of important economic activities, generally known as biotech industries. High-risk investment, in research and development (R&D) activities, is required and companies claim intellectual property protection for their biotechnological assets, both as a shield and sword against free riders and pirates. Gene patenting is a sensitive issue, not only in what concerns the distinction between inventions and “products of nature” but also concerning implications of public morality and ordre public. This chapter discusses these issues, focusing on intellectual property (IP) protection of biotechnology, in special gene patents, under EU legislation.

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Intellectual Property and Medical Biotechnologies

  • Alexandre L. Dias Pereira

摘要

Biotechnology offers relevant applications in the medical sector. Genetic engineering provides new methods of diagnosis and therapeutic processes, which are very important in such areas as preventing and fighting cancer. Biomedical technologies are at the core of important economic activities, generally known as biotech industries. High-risk investment, in research and development (R&D) activities, is required and companies claim intellectual property protection for their biotechnological assets, both as a shield and sword against free riders and pirates. Gene patenting is a sensitive issue, not only in what concerns the distinction between inventions and “products of nature” but also concerning implications of public morality and ordre public. This chapter discusses these issues, focusing on intellectual property (IP) protection of biotechnology, in special gene patents, under EU legislation.