Not offered in 2008
This unit is composed of five main parts. Part 1 provides a basic introduction to biotechnology and a general introduction to the current patent system in Europe, the US, Australia and a selection of developing countries. Part 2 focuses on patent protection for micro organisms. Part 3 deals with the patent regime for plants and plant varieties. Part 4 covers the patent protection for animals. Part 5 offers in depth study of the patent regime for human material and focuses in particular on genes, embryos, clones and stem cellls.
This unit will examine the particular legal issues and problems that arise with respect to the patenting of biotechnological inventions.
The patentability requirements, special steps in patent application procedure, claim drafting and scope of protection will be highlighted. The patent regimes wil be reviewed taking into account the obligations imposed on member countries under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) as well as relevant current domestic legislation, case law and legal doctrine. Patent protection will be examined both from a technical and from an ethical perspective.
Take home exam - 40%
Research assignment - 50%
Class participation - 10%