Abstract
Patents relating to the human brain and its functions regularly fulfil the general patent requirements. In some cases, however, the inventions in question reveal considerable risks for the rights of individuals, but also for society as such, which have a hitherto unknown dimension and which have not been discussed so far. Due to the limited scope of application of the ordre public clause, patent law is fundamentally not in a position to respond adequately to the challenges that exist here. The ratio of patent law and the lack of resources and also, above all, competence of the patent offices for a more extensive ethico-legal analysis mean that patent law is not the right setting for dealing with the existing challenges. Instead, the international organisations responsible for the protection of human rights and their relevant bodies are in particular demand here, although they have so far been unaware of the difficulties that are evident in the area of brain patents. What is needed is the development and establishment of mechanisms that enable the flagging and communication of critical patents, so that the responsible bodies are enabled to fulfil their tasks.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: IIC - International Review of Intellectual Property and Competition Law
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
