Concerns have been expressed that gene patents might result in restricted access to research and health care. The exponential growth of patents claiming human DNA sequences might result in patent thickets, royalty stacking and, ultimately, a ‘tragedy of the anti-commons’ in genetics. The...

Upon request of the Netherlands Minister of Agriculture, Nature and Food Quality a study has been conducted into the future of plant breeding in the light of developments around plant breeder’s rights and patent rights. The following questions were formulated: Present a review of the trends in...

The present report is based on an independent, policy-oriented investigation of the current European patent system. The central premise of the report is that the patent system has so far been a positive factor in promoting innovation and the diffusion of knowledge, and thus that the system is...

The exchange of patented inventions and related know-how often takes place through bilateral or cross licenses. Our previous research examined the role of collaborative licensing models in streamlining access and use of patents, specifically in the field in genetics. The present essay examines...

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...

Patents are a key element of our knowledge based economy. They are meant to operate as an instrument for fostering innovation by generating incentives through the grant of temporary exclusive rights. The present paper starts by describing some major trends in patent law and practice and throws...

In the last decade patent law has been in turmoil and has been seriously criticized. At present, serious concerns are being raised with regard to human embryonic stem cells and oocytes. Are the arguments put forward against patents for human genes similar to the objections raised against patents...

The relationship between human rights and intellectual property (IP) rights has been under-theorized for a long period. IP rights have remained a “normative backwater” in the burgeoning post-World War II human rights movement. Only over the last decade, human rights discourse has gained...