Die Biopatentrichtlinie in der Praxis Kritische Anmerkungen aus der Sicht von Wirtschaft und Forschung

Abstract

This article critically evaluates the Directive on the legal protection of biotechnological inventions from an economic and a research perspective. In the first part of his article, the author briefly describes the origins of the Directive and defines and explains the different areas of modern biotechnology (red, green, white and grey biotechnology). By giving facts and figures on the development of the biotech industry in recent years, the author demonstrates the enormous market potential of the various branches of biotechnology, especially red biotechnology. The second part of his article discusses the findings on the biotech industry in connection with the Directive. The author takes the view that legal protection of biotechnological inventions is a precondition for medical progress and profitability. In order to exploit the full potential of the growing biotech market, the implementation of the Directive will have to lead to further harmonisation. Lack of harmonisation would lead to a distortion of competition and malfunctioning of the internal market. As a consequence, implementation must strictly adhere to the wording of the Directive. Only restricted implementation can create a positive climate for innovation and investment in Europe. In particular, no new conditions for, or limits to, the patenting of biotechnological inventions such as purpose-bound protection, ethical limits, donor consent or proof of origin should be added to the terms of the present Directive. The author concludes that a revision of the Directive is neither necessary nor useful.