Marine Biotechnology and Patents

Essay from the year 2008 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1, University of Bremen, course: Seminar, 54 entries in the bibliography, language: English, abstract: Major industries relating to inventions in marine biotechnology increasingly apply for patents. Mostpatents are applied for inventions that are derived from terrestrial biotechnology. However, it isrecognized that marine biotechnology offers a high potential to yield inventions as well. Marinebiotechnology can be divided into two main areas. First, development of commercially viable drugsobtained from marine bioprospecting and, second, development of marine genetically modifiedorganisms for aquacultural and environmental purposes.A patent means intellectual protection for an invention. Intellectual protection confers the exclusiveright upon the patent holder to sell the right of utilization of the invention to interested parties. Theselling of licenses provide one important way of receiving revenues for the research done for theinvention. The prospect of potential revenues provide the incentive for investment into biotechnologicalresearch and subsequent patenting of inventions arising thereof.The overall aim of this work is to illustrate the close interrelationship of science and law by usingmarine biotechnology and patents as an example.Section two provides an overview on the scientific side of marine biotechnology. It will definemarine biotechnology and investigate current advancements in marine biotechnology. Additionally, itroughly explains the international patent system governing inventions in the biotechnological area andprovide examples on patents related to marine biotechnology.Section three illustrates the criticism expressed against life form patents in marine as well asterrestrial biotechnology. It will describe the most important cases that have fueled controversialdebates on life form patents until today.[...]