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
Date Written: November 2010
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: Suggested Citation