Biotechnological patents and morality: A critical view from a developing country
Biotechnology has now become an important factor for the increasing rate of scientific and technological development, particularly in the fields of medicine and agriculture. A great deal of modern pharmaceuticals have been directly and indirectly developed from biotech inventions. For example, it is estimated that nearly 30 per cent of the present world drug market is accounted for by biotechnological products such as antibiotics, steroids, vitamins, and vaccines. The significance of biotechnology may stem from the fact that some modern drugs developed from biotechnology are able to target traditional diseases more precisely than conventional drugs, and biotech medicines provide more precise cures with fewer side effects (Business Week, 1992, pp. 52-53). In agriculture, plant breeding was once restricted to sexually compatible plants, and generations of offspring were selectively bred to create unique varieties. Currently, genetically modified (GM) crops have the fastest adoption rate of any new technology in global agriculture simply because of their claimed benefits from higher yields and lowered production costs. It is estimated that over 9,000 permits have been issued to field-test GM crops by United States Animal and Plant Health ABsTrACT
Patent Protection for Plants: A Comparison of American and European Approaches
From the initial establishment of patent acts in the United States and in Europe, experts have questioned whether or not plants can enjoy patent protection. For various reasons, it has generally been felt that the patent system was an inappropriate method of protecting new plants. Consequently, special plant-tailored protection systems were created. With the enactment of these plant protection systems, the debate on patent protection for plants under the general patent act (called the "Utility Patent Act" or "UPA" in the United States) seemed to end, until the call for patent protection for plants was raised again at the end of the 1970s. In the United States, the renewed debate was settled once and for all in 1985 in favor of UPA patent protection for plants. In Europe, the debate temporarily ceased in 1983, but resumed in 1995, when the Technical Boards of Appeal of the European Patent Office ("EPO") decided to stop granting patents for plants. The Directive 98/44/EC of the European Parliament and of the Council of July 6, 1998 on the Legal Protection of Biotechnological inventions did not, for various reasons, put an end to this revived debate. This article argues that the ongoing uncertainty and ambiguity as to plant patentability in Europe can only be settled by parting from a semantic approach - i.e., by no longer arguing about the exact meaning and scope of the phrase "plant variety" in Article 53(b) of the European Patent Convention ("EPC") - and by looking instead to intrinsic arguments to justify the patentability of plants.To this end, I evaluate the objections which have been raised over the past one hundred years to deny plants patent protection in the light of recent technological developments, to see if and to what extent these objections still apply to plants obtained by modern transformation techniques. I conclude by suggesting that these various historical patentability objections are no longer valid with regard to plant biotechnological inventions, and that a number of patent- law objections also no longer apply to plants obtained by conventional breeding. Finally, in the interest of realigning itself with current U.S. patent policy, the European Patent Office should follow this analysis and take appropriate steps to abolish Article 53(b) of the EPC.
Yeats, Eliot, Pound and the Politics of Poetry: Richest to the Richest
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