Under article 27, paragraph 2, of the Member States that are excluded from the ability to obtain a patent inventions, the prevention of commercial exploitation in the territory necessary to protect public order or morality, including to protect the life or health of human, animal or plant, or to avoid severe damage to the environment, provided they do not such exclusion is the result of all their laws to ban exploitation.
According to the provisions of Article 27, paragraph (2) is required to exclude the invention of the ability to obtain a patent based on the idea of public order and morality to be the commercial exploitation of the invention is prohibited in the State concerned, and that the ban is necessary to protect public order and morality. ([1]) is not enough to exclude the invention of susceptibility to protect by a patent that is based on the ban to restrictions imposed by national law on exploitation. ([2])
([1]) Carlos Correa, The Uruguay Round and Drugs. WHO, 1991, p. 4
([2]), and this provision is similar to the provision of Article 4 bis / 4 of the Paris Convention (Amendment Stockholm 1967) see in this sense:
Chavanne et Burst, droit de la propriete industrielle, Precis Dalloz, troisieme edition, 1990, no 72 p. 73.
التسميات
Intellectual property