Intellectual Property Watch
9 February 2010
Year Ahead: Biotech And Patentability Under Debate In The US, EU
By
Catherine Saez
@ 12:58 pm
Biotechnology lies at the intersection of a wide spectrum of fields, such as agriculture, health and environment. Because biotechnology relates to life sciences, it is often the subject of ethical, sometimes intense political debates between stakeholders, in particular involving intellectual property rights. In 2010, as the first signs of global economic recovery are emerging, the debates are expected to increase.


A recent US court decision introduces entirely new questions about the balance between a transformative work and a copyright infringement. It also places the responsibility of balancing the public interest in freedom of expression against the interests of rights holders squarely in the hands of the court, writes Leslee Friedman.
Brazil is actively engaged in a cutting-edge debate over reform of its copyright law, involving issues such as the abuse of copyright holders and constructive exceptions in the law (like copying for education and/or transformative purposes and authorisation to copy by libraries and museums to preserve their works). But the government needs to hear from all interested parties – especially the artists – and avoid letting the debate transform into a political-ideological discussion, writes Brazilian lawyer Manuela Correia Botelho Colombo.

