International (Cross-Border) Regulation of Biotechnology Patentability

Abstract

This Master Thesis is dedicated namely to patentability in biotechnological inventions in two main jurisdictions – EU and the USA. The author concentrated primarily on the analysis of patentable subject-matter in biotechnological inventions, taking into account restrictions of patentability on different grounds, one of which is a highly debatable issue among scientists as well as lawyers – morality aspect. These objectives gave a possibility to broader understand the problem of fair balancing between interests of society and holders of monopoly rights, that in order to find out an equilibrium, all stakeholders (legislators, courts, patent offices, NGOs etc) should actively participate in minimizing opposition for both sides. Technology should be promoted and develop and, thus, the notion of morality should be crossed out from the legal texts and be changed on ethics as more scientific term.