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Tuesday, 11 October 2005

PATENTING MICRO-ORGANISMS - A QUESTION


IPKat reader Rajeshwari asks:

India has just amended its IP laws and has tried to make them TRIPs compliant. Now the law says that "micro-organsim" is patentable. But there are various groups who are trying to interpret this term to mean only "genetically modified micro-organsims", arguing that TRIPs does not protect isolated microbes. Does any one know of any caselaw, book or article or any source which discusses the issue as to whether isolated microbes are patentable or not and whether TRIPs excludes the same?
Any help would be appreciated - send him your response care of the IPKat at his usual address.

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