Sistema brevettuale TRIPs e risorse genetiche : esigenze commerciali e interessi pubblici
The book first explores the TRIPs provisions covering patent rights and exceptions as well as the decisions of WTO Panels and Appellate Body regarding said provisions. It does so highlighting the points of view of both industrialized and developing countries. It then highlights the application of traditional patent rights to biotechnological inventions, starting from the analysis of Article 27(3) TRIPs. Special attention is devoted to the relationship between TRIPs (which legitimizes the patenting of inventions related to biological resources) and the Convention on Biological Diversity (which affirms the sovereignty of States over their genetic resources). The evolution of the UPOV Convention (from the 1961 to the 1991 version) is also highlighted. This treaty now provides a protection of plant varieties similar to patent protection, which might be detrimental to several developing and least developed countries. The book also provides proposals for sui generis systems of plant variety protection (apparently allowed by Article 27(3) TRIPs), which could satisfy developing countries’ needs.