TRIPS Agreement goes in this direction and obliges Article 27 3 (b) of the Convention by Member States to the protection of the microorganisms themselves by granting a patent.
It is worth mentioning that this provision is unparalleled in the patent laws in force in the developing countries in force before applying the TRIPS Agreement, unlike the laws of developed countries. It is then imposed on the Convention on the protection of developing countries microorganisms which requires substantial amendments in their legal systems, he notes that the Convention does not oblige Member States to grant a patent for the mere discovery of micro-organisms found in nature, Since the discovery of these objects does not rise to the level of invention. Thus, the commitment of Member States to grant a patent for microorganisms is limited to objects that are devised by humans, such as micro-organisms through innovative genetic engineering.
التسميات
Intellectual property