Zdolność patentowa wynalazków biotechnologicznych a godność ludzka w regulacji Wspólnoty Europejskiej

Abstract

The question of patentability of biotechnological inventions is considered from many points of view, because of special value and particular features distinguishing this kind of inventions from others. In the area of biotechnology the question of granting exclusive rights on the use of inventions (or, in some cases, discoveries) to individuals and of letting them dictate prices gives rise to serious doubts of both legal and ethical nature. The article covers this matter from perspective of human dignity, which implies limitation of its scope to biotechnological inventions of human origin. The task of standardization of provisions relating legal aspects of biotechnology among others to biotechnological inventions, has been undertaken by the European Community. Patent protection in the EC legal system takes place on two levels: the system of European patents and systems of national patents. At present the basic act of the European Union in this field is the Directive 98/44/EC of 6 July 1998 concerning legal protection of biotechnological inventions. It specifies legal limitations of admissibility of patenting biotechnological inventions and serves as the basis for the European Patents Office for granting patents in the area of biotechnology. The article focuses upon Articles 5 and 6 of the Directive, which regard patenting of materials of human origin (genes). Reference is made not only to the content of the Act, but also to its interpretations, opinions and comments from by various institutions (e.g. the International Court of Justice).