Exemple de utilizare a Biotechnological inventions în Engleză și traducerile lor în Română
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Biotechnological inventions: legal protection.
Legal protection of biotechnological inventions.
Directive 98/44/EC of the European Parliament andof the Council of 6 July 1998 on the legal protection of biotechnological inventions.
Member States shall protect biotechnological inventions under national patent law.
This would run counter to the main objective of the directive,which is to establish effective and harmonised legal protection of biotechnological inventions.(21).
(5) Whereas differences exist in the legal protection of biotechnological inventions offered by the laws and practices of the different Member States;
Article 6(2)(c) of Directive 98/44/EC of the European Parliament andof the Council of 6 July 1998 on the legal protection of biotechnological inventions must be interpreted as follows.
It is limited to the patentability of biotechnological inventions”.8 It did not deal with the question of whether such research can be carried out and whether it can be funded.
Directive 98/44/EC- legal protection of biotechnological inventions.
The Directive regarding the legal protection of biotechnological inventions provides that the uses of human embryos for industrial or commercial purposes are not patentable.
The Council on the legal protection of biotechnological inventions.
The ruling was limited to the patentability of biotechnological inventions and did not deal with the question of whether such research can be carried out and whether it can be funded.
However, the Court noted in that ruling which concerned the Biotech Directive(98/44/EC), that the purpose of the European legislation in question is not to regulate the use of human embryos in the context of scientific research;the ruling was limited to the patentability of biotechnological inventions and did not deal with the question of whether such research can be carried out and whether it can be funded.
Under Article 1(1) of the directive,Member States must protect biotechnological inventions under national patent law, which they must, if necessary, adjust to take account of the provisions of the directive.
(1) Whereas biotechnology andgenetic engineering are playing an increasingly important role in a broad range of industries and the protection of biotechnological inventions will certainly be of fundamental importance for the Community's industrial development;
(5) Whereas differences exist in the legal protection of biotechnological inventions offered by the laws and practices of the different Member States; whereas such differences could create barriers to trade and hence impede the proper functioning of the internal market;
(4) Whereas following the EuropeanParliament's rejection of the joint text, approved by the Conciliation Committee, for a European Parliament and Council Directive on the legal protection of biotechnological inventions(4), the European Parliament and the Council have determined that the legal protection of biotechnological inventions requires clarification;
(Directive 98/44/EC- Article 6(2)(c)- Legal protection of biotechnological inventions- Extraction of precursor cells from human embryonic stem cells- Patentability- Exclusion of‘uses of human embryos for industrial or commercial purposes'- Concepts of‘human embryo' and‘use for industrial or commercial purposes').
Monitor the implementation of Directive 98/44/EC on the legal protection of biotechnological inventions and explore ways of facilitating the patenting system for SMEs.
(Directive 98/44/EC- Legal protection of biotechnological inventions- Obtaining precursor cells from human embryonic stem cells- Patentability- Exclusion of‘uses of human embryos for industrial or commercial purposes'- Concepts of‘human embryo' and‘use for industrial or commercial purposes'- Respect for the principle of human dignity).
Certain national intellectual property rights, such as trademarks, designs,patents for biotechnological inventions and certain aspects of copyright and related rights, have been harmonised.
(5) The Community's legal framework for the protection of biotechnological inventions, established in Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions(3) lays down in Article 12 rules for the grant of non-exclusive compulsory licences where protected plant varieties, including Community plant varieties, incorporate patented inventions, and vice versa.
The aim of Directive 98/44 is not only to establish a framework for the legal protection of biotechnological inventions, in order in particular to maintain and encourage investment in the field of biotechnology, but also to remove differences in the laws and practices of the Member States.(7).
(8) Whereas legal protection of biotechnological inventions does not necessitate the creation of a separate body of law in place of the rules of national patent law; whereas the rules of national patent law remain the essential basis for the legal protection of biotechnological inventions given that they must be adapted or added to in certain specific respects in order to take adequate account of technological developments involving biological material which also fulfil the requirements for patentability;
(7) Whereas uncoordinated development of national laws on the legal protection of biotechnological inventions in the Community could lead to further disincentives to trade, to the detriment of the industrial development of such inventions and of the smooth operation of the internal market;
The lack of a uniform definition of the concept of human embryo would create a risk of the authors of certain biotechnological inventions being tempted to seek their patentability in the Member States which have the narrowest concept of human embryo and are accordingly the most liberal as regards possible patentability, because those inventions would not be patentable in the other Member States.
When the owner of a patent relating to a biotechnological invention cannot exploit the patent without infringing a prior plant variety patent, he may request a compulsory license for the exploitation of the palnt variety protected by said patent.
Where the holder of a patent concerning a biotechnological invention cannot exploit it without infringing a prior plant variety right, he may apply for a compulsory licence for non-exclusive use of the plant variety protected by that right, subject to payment of an appropriate royalty.
On application, a compulsory licence for the non-exclusive use of a protected plant variety pursuant to Article 12(2) of Directive 98/44/EC shall be granted to the holder of a patent for a biotechnological invention, subject to payment of an appropriate royalty as equitable remuneration, provided that the patent holder demonstrates that.