- Subject index
This Handbook brings together scholars from around the world in addressing the global significance of, controversies over and alternatives to intellectual property (IP) today. It brings together over fifty of the leading authors in this field across the spectrum of academic disciplines, from law, economics, geography, sociology, politics and anthropology. This volume addresses the full spectrum of IP issues including copyright, patent, trademarks and trade secrets, as well as parallel rights and novel applications. In addition to addressing the role of IP in an increasingly information based and globalized economy and culture, it also challenges the utility and viability of IP today and addresses a range of alternative futures.
Chapter 35: Patentable Subject Matter: A Comparative Jurisdictional Analysis of the Discovery/Invention Dichotomy
Patentable Subject Matter: A Comparative Jurisdictional Analysis of the Discovery/Invention Dichotomy
Article 27(1) of the Agreement on Trade-Related aspects of Intellectual Property Rights 1994 (TRIPS) sets out the minimum standards of patent protection that member countries must apply – that patents shall be available for inventions in all fields of technology, provided they are new, inventive and capable of industrial application. To this general principle, there are exceptions wherein an invention may be excluded from patent protection: (a) inventions the commercial exploitation of which are against ordre public or morality; (b) diagnostic, therapeutic and surgical methods for the treatment of humans or animals; and (c) plants and ...