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European Biopharmaceutical Review
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In the first part of this article, which appeared in the Winter 2002 issue of EBR, Dr Uta Köster investigated the pros and cons of absolute product protection against the background of the ongoing debate on the implementation of EC Directive 98/44 on the protection of biotechnological inventions (BIO-DIR) in Germany. Possible repercussions on pharmaceutical and biological R&D, as well as transferability to gene patents, were discussed with regard to relevant case law and the principles of patent law.
In Part II, a comparative analysis of the respective national laws and regulations within the EC and the US is followed by a critique of the different legal circumstances of enforcement/infringement, as related to absolute product protection versus protection limited to functions. A focus on the current granting practice of the EPO for biotechnology patents and medical applications concludes Part II.
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