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Die europäische Richtlinie für Genpatente - eine ordnungspolitische Institution aus Sicht der Patenttheorie
[The european guideline for genetic patents - a regulative institution from the perspective of patent theory]

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Author Info

  • Gilroy, Bernard Michael
  • Vollpert, Tobias

Abstract

The major legal regulation for patent protection of genetic inventions within the European Union (EU) is the so called 'Biopatentrichtlinie' (BPR). The goal of this guideline is the promotion of R&D in the area of genetic engineering. The following paper shows that the BPR lacks two important economic indicators which impede an efficient promotion of R&D. First, legal regulation provides the same levels of protection to genetic basic knowledge as well as to specific applications, even though free access to genetic basics is of vital importance for further progress of this sector. Second, even with the help of BPR, policy failed to reveal the limits of patent protection in the field of living matter. A fact that not only leads to significant uncertainties but from which also suffer small and medium sized enterprises, which were up to now the driving force of this young industry.

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Bibliographic Info

Paper provided by University Library of Munich, Germany in its series MPRA Paper with number 18965.

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Date of creation: 2002
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Handle: RePEc:pra:mprapa:18965

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Related research

Keywords: patent protection; European 'Biopatentrichtlinie'; genetic engineering;

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  1. Denicolo, Vincenzo, 1999. "The optimal life of a patent when the timing of innovation is stochastic," International Journal of Industrial Organization, Elsevier, vol. 17(6), pages 827-846, August.
  2. Klemperer, Paul, 1990. "How Broad Should the Scope of Patent Protection Be?," CEPR Discussion Papers 392, C.E.P.R. Discussion Papers.
  3. Waterson, Michael, 1990. "The Economics of Product Patents," American Economic Review, American Economic Association, vol. 80(4), pages 860-69, September.
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