Mededeling van de Commissie over de rechtsbescherming van biotechnologische uitvindingen

Biotechrichtlijn 98/44/EC. Uit de mededeling: 1. EXCLUSION FROM PATENTABILITY OF PRODUCTS OBTAINED BY ESSENTIALLY BIOLOGICAL PROCESSES: The Commission takes the view that the EU legislator’s intention when adopting Directive 98/44/EC was to exclude from patentability products (plants/animals and plant/animal parts) that are obtained by means of essentially biological processes.

2. COMPULSORY CROSS-LICENSING
Concerning the conditions for compulsory cross-licensing set out in Article 12(3)(b) of Directive 98/44/EC, the Commission may further analyse issues related to ‘significant technical progress of considerable economic value’ for the plant variety or invention.

3. ACCESS TO AND DEPOSIT OF BIOLOGICAL MATERIAL
The Commission takes the view that the wording of Article 13(3) of Directive 98/44/EC provides for balanced and sufficient accessibility to a sample of patented biological material deposited with a recognised depositary institution under the WIPO Budapest Treaty.