Protección Jurídica de las Invenciones Tecnológicas en el Marco de la Unión Europea: Sentencia del 6 de Julio de 2010 del Tribunal de Justicia de la Unión Europea (Legal Protection of Biotechnological Inventions in the Context of the European Union: Judgment of July 6, 2010 the Court of Justice of the European Union)
Revista la Propiedad Inmaterial, No. 15, p. 225, November 2011
9 Pages Posted: 30 Nov 2011 Last revised: 15 Jun 2014
Date Written: September 15, 2011
In view of new developments in genetic engineering and in the context of a globalized economy, in which what sacrifices one, is won by the other, the law assumes a role of settling and balancing these overlapped interests. This article aims to present a concrete analysis of the European Court of Justice Decision of July 6, 2010, that established the spatial and temporal application of the Article 9 of the European Directive 98/44/EC. This rule determines that the protection conferred by a patent for a DNA sequence, integrated with other products, depends on the exercise of the function for which it was patented. A decision in this direction has a major influence on innovation impulse by allowing the appearance of new scenarios caused by different uses of the protected sequences. The rights of big knowledge innovators such as Monsanto, must be surrounded by a clear legal framework concerning the extension of the protection conferred; otherwise, the commercialization, development and creation of new products would be limited in excess.
Note: Downloadable document is in Spanish.
Keywords: patents, biotechnological inventions, European Directive 98/44/EC, industrial application, Monsanto
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