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Lit. B

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Chapter Summary

This very controversial provision demonstrates that, in accordance with the trade-related aspects of intellectual property rights (TRIPS) Agreement, wide areas of biotechnology must be accessible to patent protection. The provisions of Article 27.3 concern in particular the obligations and powers of members in the biotechnology sector. The provision permits the exclusion of product patents on plants and animals with the exception of micro-organisms. In a counter-exception to the possibility of excluding plants and animals from patent protection, Article 27.3, stipulates that patent protection is to be granted to micro-organisms. Thereby, TRIPS enshrines the legal practice of the patentability of micro-organisms, long propounded by many industrialised nations. This is also reflected in the Budapest treaty on the international recognition of the deposit of microorganisms for the purposes of patent procedure. Article 27.3 also establishes a special rule for the legal protection of plant varieties.

Keywords: Budapest treaty; legal protection of plant varieties; patent protection; patentability of micro-organisms; product patents; TRIPS Agreement



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