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Is Intellectual Property Right Legislation Constraining The Agrifood Biotechnology Sector In The European Union?

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  • Gil-Delgado, Maria De Los Reyes Corripio
  • Diez, Maria Del Carmen Fernandez

Abstract

In this paper, we discuss the implications of the recent Intellectual Propriety Right (IPR) enforcement in the European Union (EU) as a potential factor affecting agrifood biotechnology industry stagnation. After presenting a theoretical framework justifying patents, we describe some controversial questions in the European patent protection related to: a) the distinction between discovery and invention and; b) the morality and ordre public exception to the patentability. Although we provide some evidence about the reduction in importance of agrifood activities compared to that of pharmaceutical areas of application, we conclude that differences between EU and other developed countries IPR legislations are not the principal regulatory controversial factor affecting activities in the agrifood biotechnology sector.

Suggested Citation

  • Gil-Delgado, Maria De Los Reyes Corripio & Diez, Maria Del Carmen Fernandez, 2003. "Is Intellectual Property Right Legislation Constraining The Agrifood Biotechnology Sector In The European Union?," Working Papers 28563, University of Maryland, Department of Agricultural and Resource Economics.
  • Handle: RePEc:ags:umdrwp:28563
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    References listed on IDEAS

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    1. David Godden, 2000. "GMOs and IP: embodied technological change," Journal of International Development, John Wiley & Sons, Ltd., vol. 12(8), pages 1179-1182.
    2. GianCarlo Moschini, 2001. "Economic Benefits and Costs of Biotechnology Innovations in Agriculture," Center for Agricultural and Rural Development (CARD) Publications 01-wp264, Center for Agricultural and Rural Development (CARD) at Iowa State University.
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