The Legal Protection of Biological Material in Belgium
International Review of Industrial Property and Copyright Law (IIC), pp. 259-284, 2000
15 Pages Posted: 2 Dec 2010
Date Written: 2000
The present contribution offers a review of the legal protection of biological material – micro-organisms, plants, animals, human material – under Belgian patent law, both past and present.
Chapter 1 offers an introduction to the complex framework of the legal protection of biological material in Belgium starting from the Scarlet Rose case. Chapter 2 reviews the protection of biological material under the first Belgian Patent Act of 1854. Genesis and background of the 1854 Patent Act, legal doctrine, policy of the Patent Office and jurisprudence are analysed in detail. Chapter 3 focuses on the protection of plant varieties under the Belgian Plant Variety Protection Act of 1975. The emergence of the European Patent Convention led to the Belgian Patent Act being replaced by a completely new Patent Act in 1984. Chapter 4 reviews the protection of biological material under the Belgian Patent Act of 1984. Text, as well as genesis and background of this 1984 Patent Act, legal doctrine, Patent Office policy and jurisprudence are carefully examined. Chapter 5 looks at some recent developments. The implementation of article 27 TRIPs, as well as the the implementation of the 1998 EC Biotechnology Directive of 1998 are studied. Chapter 6 draws the conclusions of this in-depth analysis.
Keywords: Patents, plant breeders rights, plants, biological material, Belgian Patent Act, Belgian Plant Variety Protection Act, European Biotechnology Directive, TRIPs
JEL Classification: I18, K11, O32, O34, H51
Suggested Citation: Suggested Citation