The European Biotech Directive: Past as Prologue

36 Pages Posted: 8 Sep 2008

See all articles by E. Richard Gold

E. Richard Gold

affiliation not provided to SSRN

Alain Gallochat

affiliation not provided to SSRN

Abstract

The directive on the legal protection of biotechnological inventions (the Biotech Directive) represents the end of a decade-long dialogue on how best to encourage biotechnology innovation in Europe while addressing ethical concerns. The Biotech Directive represents an interesting compromise between Parliament, Commission, and Council based on divergent policy concerns, treaty limitations, and international trade rules. In this article, the authors explore the meaning and implication of the Biotech Directive by examining its contentious history, its provisions, and its jurisdictional foundations. Drawing on this base, the authors examine questions left unanswered by the Biotech Directive and analyse how the Biotech Directive fits in with existing international law.

Suggested Citation

Gold, E. Richard and Gallochat, Alain, The European Biotech Directive: Past as Prologue. European Law Journal, Vol. 7, Issue 3, pp. 331-366, September 2001. Available at SSRN: https://ssrn.com/abstract=1264137 or http://dx.doi.org/10.1111/1468-0386.00133

E. Richard Gold (Contact Author)

affiliation not provided to SSRN

No Address Available

Alain Gallochat

affiliation not provided to SSRN

No Address Available

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