THE PROMOTION OF TECHNOLOGICAL INNOVATION: AN ECONOMIC AND LEGAL CHALLENGE FOR BIO-PATENTS

Abstract

Th e European patents system has responded to the demand of commercial developers and researchers concerning the need for adequate legal protection for biotechnological innovations related primarily to plants, animals and parts of the human body. However, the legal confusion regarding the scope of the regulation in some cases (e.g. embryonic stem cells) and its extensive application to other new products (synthetic bio-products and processes) has been highlighted. Th e protection against the infringement of industrial property rights through criminal law must continue to be subjected to the principles of ultima ratio and subsidiarity. Last trends are trying to explore new ways to achieve innovation stimulation and an adequate sharing of benefi ts.