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Regarding future developments in a globalised world, one of the keyindustries is going to be the pharmaceutical industry including thebiopharmaceutical industry as a part thereof. It is notorious that thisindustry is based on the consolidated scientific research anddevelopment results in the human-related genetic engineering andmolecular biotechnology. Due to the economic as well as social andpolitical importance of this branch of industry, the use and need of legalguidelines regarding biopharmaceutical research as well as theeconomic utilisation of biopharmaceutical research results isundeniable and indispensable. Especially intellectual property rightsplay a significant role in this context.
In accordance with this appraisal, the " Agreement on Trade-RelatedAspects of Intellectual Property Rights" foresees the importance ofintellectual property rights in the course of a globalised internationaltrade. In this context, the TRIPs-Agreement was enacted in 1994 "desiring to reduce distortions and impediments to international trade,andinto account the need to promote effective and adequateprotection of intellectual property rights, and to ensure that measuresandtointellectualrights do notthemselves become barriers to legitimate trade".
Not only in the Peoples Republic of China and the European Union, theproper approach to achieve these goals is since then widely discussed.The question is, whether national as well as trans- and supranationalregulations concerning intellectual property rights should be wider orstricter to ensure technological development meanwhile regardingsocial necessities, such as the availability of medical and agriculturalproducts in developing countries.
Eventually there was a diverse development in the Peoples Republic ofChina, as a country, which is taking its steps from a developing countryto an industrial giant, in opposition to the development within theEuropean Union, where industrial protectionism became a driving forcein this context. Undesired effects can be found within the varyingtransformation acts in the Peoples Republic of China and theEuropean Union.
It stands to reason that especially questions concerning patent rightslead to legal uncertainty for globally acting institutions. Amongst others,those questions involve the following fundamentals: Is there apossibility to be granted patent protection for human-related geneticand biotechnological inventions atWhat are the essent requirements in that case? What is all?the scope of the protection by patent going to be?
This research papers attention is going to be focused on thefundamentals of patent protection for inventions based on scientificresearch and development conclusions in the human-related geneticengineering and biotechnology in the Peoples Republic of China andthe European Union respectively, as such patents are essential for thefuture of the (bio-)pharmaceutical industry. Furthermore the overalldevelopments to this day on the level of intellectual property rights inthe Peoples Republic of China and the European Union since theenactment of the TRIPs-Agreement can be vividly demonstrated on thebasis of the question about the patentability of such inventions.
In accordance with this appraisal, the " Agreement on Trade-RelatedAspects of Intellectual Property Rights" foresees the importance ofintellectual property rights in the course of a globalised internationaltrade. In this context, the TRIPs-Agreement was enacted in 1994 "desiring to reduce distortions and impediments to international trade,andinto account the need to promote effective and adequateprotection of intellectual property rights, and to ensure that measuresandtointellectualrights do notthemselves become barriers to legitimate trade".
Not only in the Peoples Republic of China and the European Union, theproper approach to achieve these goals is since then widely discussed.The question is, whether national as well as trans- and supranationalregulations concerning intellectual property rights should be wider orstricter to ensure technological development meanwhile regardingsocial necessities, such as the availability of medical and agriculturalproducts in developing countries.
Eventually there was a diverse development in the Peoples Republic ofChina, as a country, which is taking its steps from a developing countryto an industrial giant, in opposition to the development within theEuropean Union, where industrial protectionism became a driving forcein this context. Undesired effects can be found within the varyingtransformation acts in the Peoples Republic of China and theEuropean Union.
It stands to reason that especially questions concerning patent rightslead to legal uncertainty for globally acting institutions. Amongst others,those questions involve the following fundamentals: Is there apossibility to be granted patent protection for human-related geneticand biotechnological inventions atWhat are the essent requirements in that case? What is all?the scope of the protection by patent going to be?
This research papers attention is going to be focused on thefundamentals of patent protection for inventions based on scientificresearch and development conclusions in the human-related geneticengineering and biotechnology in the Peoples Republic of China andthe European Union respectively, as such patents are essential for thefuture of the (bio-)pharmaceutical industry. Furthermore the overalldevelopments to this day on the level of intellectual property rights inthe Peoples Republic of China and the European Union since theenactment of the TRIPs-Agreement can be vividly demonstrated on thebasis of the question about the patentability of such inventions.