The CJEU Monsanto Soybean Decision and Patent Scope: As Clear as Mud

International Review of Intellectual Property and Competition Law (IIC), 2011, 1-3

3 Pages Posted: 26 Dec 2015

See all articles by Geertrui Van Overwalle

Geertrui Van Overwalle

KU Leuven - Centre for IT & IP Law (CiTiP)

Date Written: November 2010

Abstract

What is the proper scope of biotechnology patents? This question has been lying at the heart of the debate in the Monsanto case decided by the European Court of Justice in July 2010. The ECJ verdict followed a request for a preliminary ruling from the Court of The Hague (the Netherlands), which had to decide on the alleged infringement of a patent from Monsanto related to glyphosate resistant plants (EP 546.090). The present opinion provides a critical analysis of this highly debated decision.

Keywords: Biotechnology, Agriculture, Plant innovation, Patent protection, Patent scope, Monsanto, Glyphosate resistant plants

JEL Classification: D23, D45, H 41, H51, I18, K11, L14, L4, L 65, O13, O31, O32, O34

Suggested Citation

Van Overwalle, Geertrui, The CJEU Monsanto Soybean Decision and Patent Scope: As Clear as Mud (November 2010). International Review of Intellectual Property and Competition Law (IIC), 2011, 1-3 . Available at SSRN: https://ssrn.com/abstract=2707996

Geertrui Van Overwalle (Contact Author)

KU Leuven - Centre for IT & IP Law (CiTiP) ( email )

Sint-Michielsstraat 6 box 3443
Leuven, 3000
Belgium

HOME PAGE: https://www.law.kuleuven.be/citip/en/staff/00015469

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