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Patents in Animal Breeding - applicability of patent law, and recommendations for further legislative
Project
Project code: 2809HS021
Contract period: 01.09.2010
- 31.08.2012
Budget: 211,495 Euro
Purpose of research: Applied research
'The main basis for the granting of patents in the field of animal breeding are regulated by the European Biotechnology Directive (Directive 98/44/EC), which rules both in the German Patent Act (IPA) and in the Implementing Regulations for the European Patent Convention (EPC) River found have. This policy was, however, have developed at a time, rather than biotechnological developments in the area of the plant took place in farm animals and even played a minor role.
Due to this change in initial position, the Federal Ministry of Food, Agriculture and Consumer Protection (BMELV) has advocated to initiate a debate on the amendment of the European Biotechnology Directive, to avoid the negative effects of patents in the field of biology to agriculture. One focus is to form the patenting of agricultural livestock. In addition, the parties in the coalition agreement of CDU / CSU and FDP in 2009 agreed to allow-planting and no patents for farm animals (see Section 4.6 'Agriculture and rural areas,' the coalition agreement CDU / CSU, FDP, 2009).
To implement this policy aims there is a lack of adequately prepared in BMELV information and decision making. The research project is intended to provide differentiated approaches. The calculated results are included in the evaluation of regulatory options.
In the project possible points of conflict between patent law concepts and the working methods are elaborate and discuss the animal breeding. Proposals are to be developed, how to adapt the patent and / or the animal health legislation, in order to better respond to the concerns of animal breeding in patent law questions. The information obtained work up so that they turn out the necessary regulatory requirements and clearly represent a possible solution recommendations. '
Section overview
Subjects
- Animal breeding
- Communication Sciences
- Genetic Resources
