Comment on the provisions of the French laws of 6 August 2004 and 8 December 2004 relative to the protection of genetic inventions
Medicine and Law: The World Association for Medical Law 2006 June; 25(2): 379-387
The question of gene patentability has raised some opposition in France. Too broad a definition of the rights conferred by patent would hamper the development of research. The French legislature strictly defined genetic inventions in the Laws of 6 August 2004 and 8 December 2004. Exclusivity of use applies only to the function or functions precisely described in the patent application. Potential abusive use of rights by the holder of the patent has also been addressed through reinforcement of the provisions of the Code of Intellectual Property to combat such abuse. The Laws we discuss smooth the way to the granting of dependency licenses and broaden the field of application of ex officio licenses. The French legislature has achieved satisfactory balance between the legal protection of genetic inventions necessary to finance research, and the free circulation of scientific knowledge indispensable for medical progress.
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Franchitto, Nicolas; Mathur, Anjali; Franchitto, Ludivine; Gavarri, Laurent; Telmon, Norbert; Rougé, Daniel (2007-11)