98/44 on the protection of biotechnological inventions, currently
being transposed into national legislation in the Member States,
stipulates that the discovery of a human genome sequence cannot
be patented, but rather that a biotechnological process that
utilises that sequence with a view to specific applications
the wording of the directive leave the door open to misinterpretations?
"Should someone who has discovered a gene for one particular
function, and is able to produce it by biotechnology, own that
gene, for the next 20 years, for functions that have not yet
been discovered?"(1) Some participants
expressed the view that it is necessary to clarify how this
essential directive is to be applied.
University of Munich (DE).