Traduction de «Brevetabilité de la matière vivante » (Français → Anglais) :

"Multi-data-stream processing" (4) means the "microprogramme" or equipment architecture technique which permits simultaneous processing of two or more data sequences under the control of one or more instruction sequences by means such as:

AR. whereas Directive 98/44/EC provides a guideline as to what is at present deemed contrary to public morality; whereas Articles 5 and 6 thereof define inventions which are not patentable; whereas a debate is in progress to determine what else should be considered unpatentable and what is to be patentable; whereas, however, at all events, the respect due to living matter and, a fortiori, to human matter may not be subject to types of ownership such as that conferred by the award of a patent; whereas, therefore, living matter must be deemed to be non-patentable; and whereas difficulties of interpretation of this Directive, because o ...[+++]f its ambivalence and of the refusal of certain Member States to transpose it into their national law, create legal uncertainty on the issue of biotechnological inventions,

It must first of all be stressed that the Court of Justice reiterated the scope of the Directive: the Directive essentially restricts itself to laying down certain principles applicable to the patentability of biological material and the extent of the protection conferred by a patent for a biotechnological invention. The conditions relating to authorisation of the research (in particular research on human stem cells) or the exploitation of the patented products are governed by the applicable and relevant national, Community or international provisions [21].

(13) Whereas the Community's legal framework for the protection of biotechnological inventions can be limited to laying down certain principles as they apply to the patentability of biological material as such, such principles being intended in particular to determine the difference between inventions and discoveries with regard to the patentability of certain elements of human origin, to the scope of protection conferred by a patent on a biotechnological invention, to the right to use a deposit mechanism in addition to written descriptions and lastly to the option of obtaining non-exclusive compulsory licences in respect of interdepende ...[+++]nce between plant varieties and inventions, and conversely;

(39) Whereas ordre public and morality correspond in particular to ethical or moral principles recognised in a Member State, respect for which is particularly important in the field of biotechnology in view of the potential scope of inventions in this field and their inherent relationship to living matter; whereas such ethical or moral principles supplement the standard legal examinations under patent law regardless of the technical field of the invention;

(15) Whereas no prohibition or exclusion exists in national or European patent law (Munich Convention) which precludes a priori the patentability of biological matter;