The Scope of Protection for Biotech-Patents after Monsanto v. Cefetra

Activity: Talk or presentation typesLecture and oral contribution

Timo Minssen - Speaker

Title of my speech: The CJEU in C-428/08 Monsanto v. Cefetra: Background, outcome and practical implications On 6th July 2010 the CJEU rendered its seminal judgment in the much awaited Monsanto case. The Court basically held that it will be impossible to rely on DNA product claims to protect materials incorporating the DNA where the DNA cannot perform the specific function for which it was patented. In effect, the CJEU thus abolishes the availability of absolute product protection for DNA as such. On the whole, this is good news for potential licensees but bad news for patentees. However, it might also be argued that the judgment was limited by its factual background and its focus on scope of protection issues. Depending on how the requirement for performance of a specific function is interpreted, the decision may have less practical consequences than previously contemplated. This presentation will describe the background, outcome and consequences of this decision. Wherever appropriate, references will be made to subsequent developments.
8 Nov 2011

Event (Conference)

TitleCIIR IPR Update
Date08/11/2011 → …

ID: 34234790