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 extension of patent protection to biological material is by no means a recent phenomenon in Belgium. In 1836 the Belgian Patent Office granted the first patent for a micro-organism, viz. a yeast for the production of beer. A century later, in 1949, the Office delivered the first patent for a...

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...