biotechnology law | Intellepedia

How Wise is it to TRIP Over Food?

This post explores how intellectual property rights, particularly under the TRIPS agreement, affect food security and plant variety protection in India. It provides a legal analysis of the challenges and exceptions relevant to agricultural innovation and breeders’ rights.

Threatened Co-existence of Breeders Rights and Patent Rights

This post analyses the threatened co-existence of breeders rights and patent rights in plant innovation law. It discusses the lack of breeders exemption in patent law and the resulting challenges for researchers and breeders. Legal and practical solutions are evaluated within the Indian and international context.

Myriad Genetics Case : Genetic Patentability

The Myriad Genetics case examines whether isolated gene sequences are patentable or considered products of nature under US law. The Supreme Court ruled that while gDNA is not patentable, cDNA may be, marking a significant development in genetic patentability.

The Gene Returns to its Body

Judge Sweet’s landmark ruling held that isolated gene sequences and their analysis are not patentable under US law. This decision invalidated key BRCA gene patents and marks a significant shift in the legal approach to biotechnology patents in the United States.

World’s Best IP Blogs – Patent Docs

Patent Docs is a leading source for biotech and pharma patent law updates, offering expert analyses and timely news. Authored by experienced practitioners, it serves as an essential reference for patent professionals and attorneys.

Gene Sequences and Patents: Australian High Court Narrows Scope

The Australian High Court has narrowed the eligibility of gene patents, particularly concerning isolated DNA sequences in the BRCA1 case. This analysis explores the legal reasoning, statutory interpretation, and global impact on biotechnology patent law, following similar US Supreme Court decisions.

You (don’t) sow what you reap : Monsanto Corporation and Patent Enforcement

This article explores Monsanto’s enforcement of patents on genetically engineered seeds and the unintended consequences for farmers. It analyses court cases, highlights the challenges of patent infringement in agriculture, and discusses potential policy solutions to protect public interest and farmer rights.

The 3D Effect of Novartis Case on Genetic Inventions

The Novartis case established a strict test for therapeutic efficacy under Section 3(d) of the Indian Patents Act, influencing the patentability of genetic inventions. This post examines the impact on gene sequence patents and the ongoing legal debate regarding their compliance with Indian patent law.

ECJ Stems “Stem Cell” Patents

The ECJ has held that patents involving embryonic stem cells requiring destruction of human embryos are unpatentable in Europe. This post examines the legal and ethical reasoning behind the ruling and its implications for biotechnological innovation and patent law.