Critically evaluate the extent to which recent debates about the patenting of CRISPR technologies raise legal and ethical issues that have similarities with earlier attempts to patent stem cell invention. Illustrate your answer with reference to the relevant case law discussing the actual or potential advantages for society of permitting the patentability of stem cell and CRISPT technologies.

– Making comparisons between stem cell and genome editing (CRISPR) to good effect

– How do Ordre public and morality exceptions in the EPC and EU Biotechnology directive apply to stem cell and genome editing inventions, compare those with s.101 US patent code, different between US and EPO/EU approach

– Why the morality exception and patent law could become a problem or has become a problem for stem cell inventions and might be a problem also for genome editing inventions

– Explain why different issues (compared to stem cell) are arising when CRISPR inventions are considered for patenting,

– Detail discussion of relationship between Article 6 biotechnology directive, Article 53a EPC, Rule 28 EPO : compare and contrast how these rules have been applied differently for stem cell and Genome editing.

 


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