Section 07

Ethical Aspect of Intellectual Propert

Fabry, B.
What an air pump and a DNA have in common
Bild der Wissenschaft 62 1996

Fabry, B.
No patent on that poor pig – or how the patented idea is run through the roost
Notice of German Patent Attorneys („Mitteilungen der Deutschen Patentanwälte“) 60, 2010

In connection with a process protected by the company Newsham for selection of pigs through the presence of a special allele in the genome, the published fear that a clever company will request license fees for the conventional pig breeding is expressed. This essay illustrates the background of discussion and shows the patent’s actual scope of protection. At the same time, it shows an interest in the question why patents on life have such a poor base in the public perception – especially in Germany.

Fabry, B., Fischer, F.
Biopirates in the carribean: the biodiversity guidelines and its implications of patent law
Notice of German Patent Attorneys („Mitteilungen der Deutschen Patentanwälte“) 346, 2010

Biopiratery is the unauthorized access on indigenous knowledge and genetic material predominantly from Caribbean and African states aiming to create new products with the highest value without letting national entities or groups who have the information and raw materials participate on the economic success. Although the UN already made the first step in direction of regulation through the Rio convention in 1992, sustainable results are still outstanding. The present essay verifies the implications to patents for the protection of inventions which are at least partially based on the indigenous know-hos or proprietary genetic resources in the light of the EPC and the biodiversity policy. Moreover through the example of Brazil, it is shown how a tropical emerging market tries to put a stop to biopiratery.