Without Drums and Trumpets: The Final Implementation of the EU Biotechnology Directive in Belgian Patent Law (Zonder Trommels en Trompetten: De Definitieve Omzetting van de EU Biotechnologierichtlijn in het Belgisch Recht) (Dutch)

Abstract

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’, http://ssrn.com/abstract=1720066], the second bill was voted without giving a great stir.

The paper offers an in depth analysis of the content of the final Belgian Act implementing the Directive, and especially focuses on two controversial issues: the widening of the research exemption to include ‘experiments with’ patented subject matter, and the introduction of a compulsory license for public health.

Note: Downloadable document is in Dutch.

Keywords: Patents, Biotechnological inventions, EU Biotechnology Directive, Belgian Patent Act, Research exemption, Experimental use exemption, Compulsory license for public health

JEL Classification: D23, D45, H 41, H51, I18, K11, L14, L 65, O31, O32, O34