Inventions relating to such parts or components of the human body Kalkhlaya, blood, and human protein, hormones, and genes, and cloning processes cloning ([1]).
The comparison excludes some legislation explicitly such inventions of susceptibility for a patent based on the protection of public order. Has ruled out the legalization of industrial property French Act No. 92-597, the first in July 1992 from the ability to obtain a patent innovations that are incompatible with public order and morality, and enter in the counter innovations excluded explicitly with regard to human body and its components and its derivatives, the genetic map of the human being or their parts ([2 ]).
However, some other states limit the application of the idea of public order and morality in relation to the issue of portability inventions for the patent on a limited scale, not completely rule out the potential for innovations related to the human body and its components and its derivatives on the patent. In the United States Biocyte company got a patent on the cells of human blood taken from the umbilical cord umbilical cord blood cells, and these cells are used in the treatment of diseases of the bone marrow is essential. As a result of the granting of this patent may not be of any physician or surgeon to use these cells in any surgery, except if required to pay royalty to the company owner of the patent. It also got another American company is a company Human Genome Sciences (HGS) patent for a human gene discovered your growth hormone human growth hormone gene.
In England got the Roslin Institute The Uk's Rosline Institute on several patents relating to cloning cloning using biotechnology, and these patents included some of the animals in addition to the genes of the human being. The Institute grant a license to exploit several patents for company PPL Therapeutic and this company is working with a number of pharmaceutical giants ([3]) in the development of the pharmaceutical industry.
According to the provisions of Article 27 (2) of the Convention Members may exclude inventions developed communities of vulnerability for the patent because it focused on the human body or parts of the body based on the protection of public order and morality.
([1]) See the Search this thread:
Jean-Christophe GALLOUX, La brevetabilité des elements et des produits du corps humain ou les obscurites d'une loi grand public, La Semain Juridique (JCP), Ed.G, n 39. 3872.
([2]) of Article L. 611 - 17 (a) (amended by Law No. 94-653 on July 29, 1994) of the legalization of Industrial Property of France.
([3]), and these companies:
Novo Nordisk - Boehringer Ingleheim - American Home Products.
التسميات
Intellectual property