The current regulatory framework for biotechnology patents of plants variety inventions in the European Union and its exceptions to patentability, according to article 53 (b) of the European Patent Convention (EPC).The dynamic interpretation of the Opinion on Case G 0003/19, issued by the EPO.
This dissertation was written as part of the MSc in Bioeconomy: Biotechnology and Law at the International Hellenic University. Biotechnology is increasing the use of patent legislation to protect the consequences of plant production. Despite the TRIPS Agreement permits countries to rule out the patentability of plants as well as of essentially biological processes for their production, many developing countries have plants and plant components in their productions such as seeds, cells and genes. These patents may limit access to plant materials for further research and reproduction and prevent farmers from storing and reusing seeds containing patented materials. This paper aims to analyze the current regulatory system for biotechnology patents of plant related inventions in the European Union and its exceptions to patentability, according to article 53 (b) of the European Patent Convention (EPC). The dynamic interpretation of the opinion on case G0003/19 will also be assessed. This paper presents also how European law seeks to balance the protection of plant-related inventions with the rights of breeders and farmers by introducing certain exceptions to patent rights in developing countries. (en)
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