Uma análise crítica sobre o "Patenteamento" de variedades de plantas: Métodos de melhoramento e seus impactos no mercado da Comunidade Europeia
In Europe, "essentially biological processes for the production of plants" are excluded from patentability, and any method involving sexual crossing and selection, regardless of the degree of human intervention in the production process, unless include an additional step of technical intro...
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| Format: | Article |
| Language: | Portuguese |
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2014
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6723867 |
| Source: | PIDCC: Revista em propriedade intelectual direito contêmporaneo, ISSN 2316-8080, Nº. 8, 2014, pags. 502-541 |
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| Summary: |
In Europe, "essentially biological processes for the production of plants" are excluded from patentability, and any method involving sexual crossing and selection, regardless of the degree of human intervention in the production process, unless include an additional step of technical introducing or modifying their "trace" genetic. European law allows the patenting of plants, since no varieties, and allows the UPOV system 1991 overlapping exclusive in the same immaterial object. However, there are differences between hermeneutical laws and practices in the different national laws. The creations in the biotechnology framework in the context of agricultural innovations become emblematic because between theory and practice for the gap of "two weights and two measures" that is highly regulated and centralized by market policy and for disabled and contradictory laws. |
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