Patentability of living organisms: Legal and ethical aspects of the question

摘要

Given the considerable advances in the field of biotechnology in the last decades, new issues of scientific, social, legal and ethical nature have been raised, particularly concerning inventions making use of living material, and their patentability.;Notwithstanding some reluctance at the outset, most of patent offices as well as courts and tribunals in the United States, Canada and Europe have finally accepted patentability of living organisms. Oppositions are however numerous and, more than a criticism towards the patent system itself, it is genetic engineering that is put into question.;Europe has recently regulated the legal protection of biotechnological inventions. Being a text of compromise, the Directive is already subject of controversies. The United States and Canada have not yet decided to explicitly legislate in this field. Some decisions taken in particular cases allow to determine the state of the question in these two countries. It is however not certain that they can be satisfied with an unregulated technology that raises so many moral questions.;The question of the foremost importance concerns the research branch, as well as the use that will be done with inventions emerging from the biotechnology industry. Patent law being unable to prevent technological creations, it is above all the utilisation of it that will allow to retain the most beneficial inventions for humankind and its environment.