Overview of recent (EU and international) legal and political developments in the regulatory field of agricultural biotechnology and genetically modified organisms (GMOs) and GM food governance. Year under review: 2005. Introduction: The survey year 2005 did not bring quite what it had promised....

Overview of recent (EU and international) legal and political developments in the regulatory field of agricultural biotechnology and genetically modified organisms (GMOs) and GM food governance. Year under review: 2004. Introduction: Following the epic year 2003, which brought an imposing wave...

Overview of recent (EU and international) legal and political developments in the regulatory field of agricultural biotechnology and genetically modified organisms (GMOs) and GM food governance. Year under review: 2003. Introduction: The survey year 2003 saw a storm of landmark events in the...

The exchange of patented inventions and related know-how often takes place through bilateral or cross licenses. Our previous research examined the role of collaborative licensing models in streamlining access and use of patents, specifically in the field in genetics. The present essay examines...

The present paper examines the last, quintessential steps in the parcours towards the final implementation of the EU Biotechnnology Directive in Belgian patent law. Whereas the first bill was hotly debated in parliament [see G. Van Overwalle, ‘Of Green Mice with Red Ears’,...

The present paper provides a thorough analysis of the genesis and content of the Belgian Bill of September 21 2004 implementing the EU Biotechnology. A careful comparison is made with the previous Bill of June 21 2002. Wide attention is also paid to the opinion of the Conseil d’ Etat regarding...

Intellectual property rights have, from their inception, been shaped by international treaties. National legislators have had to look at the international scene to gain some insight into the prevailing intellectual property standards. This trend was less prominent in the field of patent law and...

The extension of patent protection to biological material is by no means a recent phenomenon in Belgium. In 1836 the Belgian Patent Office granted the first patent for a micro-organism, viz. a yeast for the production of beer. A century later, in 1949, the Office delivered the first patent for a...

The paper discusses the difficult genesis of the EU Biotechnology Directive and highlights how the Belgian legislator interpreted the Directive. Attention is also paid to other treaties and conventions which have influenced the patentability of biological inventions. The paper concludes that the...

Most countries claim to be committed to sustainable agriculture. Yet, the meaning of the term ‘sustainable agriculture’ is largely shaped by influential stakeholders in the public debate and their respective agendas. The resulting national policies to promote sustainability may therefore not...