Nurra, Antonella (2013) Brevettabilità del vivente: principi deboli e interessi forti: la disciplina internazionale ed europea sulla protezione giuridica delle “invenzioni biotecnologiche”. Doctoral Thesis.
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With the present work we propose to examine without any claims, the matter of patentability, mainly biotechnological inventions, has is evident, under the juridical profile, but without omitting the fundamental ethical implications.
The intellectual property rights, it has been attributed in this last decade, an increasing importance in the promoting scientific-technological innovation. The patrimonial rights and the patent in particular, has been, as a matter of fact, considered an essential instrument to compensate the economical investments in the scientific research, both been public or private, and to stimulate the future ones. In the biotechnological area, in the way the total sector in its role has been pushed and given, by now at the juridical institute of the patent and that at the same time has been fed.
The patent, in other terms, is considered the juridical institute across which innovation finds fulfillment and the intellectual property rights, relating to it, and of it maximization instruments, even though the repeated use to the patent instrument has issued numerous problems, which cannot be ignored and that not only invest the patent model efficiency, but also the same scientific research.
We’ll try to understand if the patenting can refer to the discovery or only the invention, it’s like a DNA sequence, a protein or a technical process can be considered new, having inventive and liable to industrial application. In this respect, we’ll keep in consideration the European regulations, with hints from that of United States and we’ll do an analysis of the Italian regulations. The purpose of this work and analysis is, therefore, is that to reason on the principles, legislative data, law and interpretative, at the light of the internal, European and International rights, inviting to leave out the excessive ideological approach, which seems to rule the scene and focusing the attention, instead of the safeguard of the person.
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