Concerns have been raised that the upsurge of 3D printing technology would disrupt the patent system. The central question the present paper aims to address is whether and to what extent the emergence of 3D printing technology indeed urges us to rethink patent law. The paper splits up this...

Over the past years we have witnessed patents related to in vitro diagnostic methods, as well as patents on human genes. Although patents on diagnostics and patents on human genes are not novel, patents on genes for diagnostics are a rather unseen combination. The grant by the European Patent...

Concerns have been expressed that gene patents might result in restricted access to research and health care. The exponential growth of patents claiming human DNA sequences might result in patent thickets, royalty stacking and, ultimately, a ‘tragedy of the anti-commons’ in genetics. The...

Upon request of the Netherlands Minister of Agriculture, Nature and Food Quality a study has been conducted into the future of plant breeding in the light of developments around plant breeder’s rights and patent rights. The following questions were formulated: Present a review of the trends in...

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...

Setting up a new business may be really tough. Let's assume you want to produce and market DVD-players. You can not ignore the fact that the DVD technology is protected with patents. More than 850 patents owned by some 10 patent holders around the world, such as Philips, Sony, Toshiba, Hitachi,...

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 critically analyses the various TRIPS provisions relevant to patent law. Topics covered include the relationship between the TRIPs agreement and other intellectual property treaties, patentable subject matter, patentability requirements, scope of protection, transfer and (voluntary and...

Patents in the life sciences sector have sparked considerable debate over the past years. The grant of a series of patents for the screening of breast cancer (BRCA) genes led to wide controversy in Europe, the US and Australia. The grant of patents for plants resulting from essentially...

In the ongoing debate concerning DNA patents, there is a need for empirical data. We aim at treating this data set for DNA patents related to diagnostic genetic testing. To this end we developed two tools to facilitate this process. First, we set up a search strategy to find the relevant...