Biotechnologie et brevetabilité : Vers les pools de brevets?

Résumé :

This article sets out the specific issues associated with the adoption of patent pools, particularly in biotechnology. While tracing the evolution of the patentability of life forms, the author highlights the new problems associated with the emergence of modern technologies, drawing a comparison with patent pools in the telecommunications and electronics industry. Patent pools are then examined more closely to come to grips with the advantages and drawbacks of patent pools, how they work, their structure, and how to establish a patent pool in biotechnology with respect to competition law. A number of methods alternative to patent pools are briefly addressed to provide for a better understanding of the global challenges in access to resources.