The production of biodiversity-based drugs has gained wide interest and concern. Two main approaches can be observed. The majority of legal thinking has been focusing on models protecting (and preserving) biodiversity and associated traditional knowledge to fit the needs of biodiversity and...

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...

There is increasing concern that overlapping patents in the field of genetics will create a costly and legally complex situation known as a patent thicket, which, along with the associated issues of accumulating royalty payments, can act as a disincentive for innovation. One potential means of...

Ever since genes were first patented, the legitimacy and economics of human gene patents have been at the forefront of intense debate. Different stakeholders have expressed concerns about the effect of ‘blocking patents’ or ‘patent thickets’ on genetic technology, arguing that because...

In their foundational paper, 'Constructing Commons in the Cultural Environment', Madison, Frischmann and Strandburg develop a theoretical framework for analyzing and systematizing constructed cultural commons, thereby tilting the Institutional Analysis and Development (IAD) framework approach,...

Over the past years we have witnessed patents related to in vitro diagnostic methods, as well as patents on human genes. Although patents on diagnostics and patents on human genes are not novel, patents on genes for diagnostics are a rather unseen combination. The grant by the European Patent...

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...

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 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...