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...

Over the last years, the patenting of genetic tests sparked significant interest worldwide. Newspapers commented on patent cases and, quite often, portrayed patents as a negative story. The commotion surrounding the current patent framework for genetic testing is hardly surprising. Although...

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...

The present paper examines the relationship between price differentiation and intellectual property rights (IPRs). We explore this relation from two opposing, yet complementary angles. First, we investigate whether IPRs form a barrier to differential pricing. Do pharmaceutical patents hinder the...

Framing the problem: The current patent landscape for human genomic science has refuelled the debate on human gene patents. Expressed in figurative language, concerns are raised that patent thickets and blocking patents will lead to a tragedy of the anti-commons, and that new genetic inventions...

Background of the Report: On April 24 2001 the European Commission appointed the European Group on Ethics in Science and New Technologies (EGE). In his welcome message President Prodi requested the Group to give an Opinion on the ethical aspects of patents resulting from research into stem...