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

Authors

  • Carlos María Romeo Casabona

Keywords:

Industrial property rights (emerging) biotechnology, European Patent Law, European Patent Offi ce, Criminal Law, vegetal varieties, animal welfare, embryonic stem cells

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.

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Published

2020-05-21

How to Cite

Romeo Casabona, C. M. (2020). THE PROMOTION OF TECHNOLOGICAL INNOVATION: AN ECONOMIC AND LEGAL CHALLENGE FOR BIO-PATENTS. Teoría & Derecho. Revista De Pensamiento jurídico, (11), 94–111. Retrieved from https://ojs.tirant.com/index.php/teoria-y-derecho/article/view/180