Current Law Journal Content
Washington & Lee Law School
Current Law Journal Content
an index to legal periodicals
Bio-Science Law Review
Volume 9, Issue 1, 2006/2007
IMPLEMENTATION OF THE EC DIRECTIVE 98/44/EC. THE 'BIOTECH DIRECTIVE' IN FRANCE
CAROLYN-ANN CARON AND CYRA NARGOLWALLA
In order to implement the European Community's Directive 98/44/EC on the legal protection of biotechnological inventions (the 'Biotech Directive') which came into effect on 30 July 1998, the French Parliament adopted two laws in 2004; the Law on Bioethics followed by the Law on the Protection of Biotechnological Inventions. Although globally the principles of the Biotech Directive have been taken into account during this implementation, there are some significant consequences for patent holders in terms of interpretation of the scope of their patent rights. In particular, perhaps the most important of these issues is that of the scope of a product claim directed to DNA sequences. It will be of great interest to patentees and practitioners alike as to whether the French Courts will indeed limit such claims to a narrow use or whether they will broadly interpret such claims to encompass most, if not all, uses of the product.
PLANT PROPERTY RIGHTS AND ENFORCEMENT IN ARGENTINA AND URUGUAY
MIGUEL A. RAPELA and DIEGO A. RISSO
In case of infringement of the breeders' rights in Argentina and Uruguay, the owner can bring a court action by (a) a claim through the trade control authority, (b) filing a complaint in court for infringement of their intellectual property rights, and (c) enforcing the fulfillment of an Extended Royalty System ("the ERS"). The first two options could be efficient, but the first is affected by the operability of the official bodies responsible for the enforcement of the law, and the second is affected by the slowness and knowledge of justice. Through the ERS, however, the elaboration of the proof is easier because the auditing faculty is included in the license contracts, and proof of the infringements arises in these audits. The application of the ERS to soybean in Uruguay has been very successful, but in the case of the soybean crop in Argentina and the wheat crop in both countries, the system has had a relative low success rate. It can be inferred that enforcement through the ERS would be an adequate system for those 'innovative' scenarios that bring together a high novelty perception, active incorporation of biotech to germplasm of high quality, and active participation of all players involved. As long as these issues are not achieved, enforcement by the ERS would have fewer or slower possibilities of success. For these ' traditional' scenarios, End Point Royalty Systems could be better. So, a combination of this system with the ERS might be adequate for all scenarios ('traditional' plus 'innovative').
GENETIC PRIVACY IN THE UNITED STATES: A PATCHWORK OF PROTECTION
BARRY HUREWITZ AND TIM SCHNABEL
In the United States, legal and regulatory privacy protections for personal genetic information are divided among federal and state authorities. Federal measures protect genetic privacy in several functional areas. The Health Insurance Portability and Accountability Act, or HIPAA, imposes general health data privacy and security requirements; while genetic information is generally not given special protections under HIPAA, it is covered to the extent that it could be used to identify individual persons. Other federal regulations restrict the use of genetic information by the U.S. government itself, such as in employment end benefits and in law enforcement. Over thirty U.S. states have enacted genetic privacy legislation affording various safeguards in areas such as research, insurance, and employment, but other states have yet to address genetic privacy as such.
FRANCE - Patents - SPCs - UNITED KINGDOM - Licensing - approval of sub-licensing - Lymington Marina v Bingham CA Patents - Interim Injunctions Pending Appeal Les Laboratories Servier v Apotex HC News - Nobel Prize winner - USA - Legislation - Recent Developments - Biosimilars - EUROPEAN COMMISSION - Nanotechnology Developments - ECJ - National Courts right to enforce Trips Merck Genericos - CFI - Legal Professional Privilege Akzo v European Commission - EPC - France's ratification of the London Agreement - INTERNATIONAL - Compulsory Licences and access to medicines - the Rwanda Experience
BIOTECHNOLOGIES AND INTERNATIONAL HUMAN RIGHTS, FRANCESCO FRANCIONI (ed.)
HUMAN RIGHTS AND THE WTO. THE CASE OF PATENTS AND ACCESS TO MEDICINES, HOLGER HESTERMEYER