Measures Necessary for the Balanced Co-Existence of Patents and Plant Breeders‘ Rights - From a European Perspective – Joseph Straus, Munich WIPO-UPOV Symposium on the Co-Existence of Patents and Plant Breeders‘ Rights in the Promotion of Biotechnological Developments Geneva, October 25, 2002.
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Measures Necessary for the Balanced Co-Existence of Patents and Plant Breeders‘ Rights- From a European Perspective –Joseph Straus, MunichWIPO-UPOV Symposium on the Co-Existence of Patents and PlantBreeders‘ Rights in the Promotion of Biotechnological DevelopmentsGeneva, October 25, 2002
Fig. 2: Venture capital investments in the life sciences sectors in Europe.
VC investments in biotechnology and medical health increased steadily in recent years and are now at 3,5% and 5% of total investment respectively. The VC investments in the agri sector have strongly decreased from the mid 90s (2% of total VC investment) and now represent only 0.25% of total VC investment.
“..., regardless of whether a particular institution or entity is engaged in an endeavour for commercial gain, so long as the act is in furtherance of the alleged infringer‘s legitimate business and it is not solely for amusement, to satisfy idle curiosity, or for strictly philosophical inquiry, the act does not qualify for the very narrow and strictly limited experimental use defense. Moreover, the profit or non-profit status of the user is not determinative.“
[US CAFC of October 3, 2002 – John M.J. Madey v. Duke University]
Huang et al., 295 Science 675 (2002)
Annex 1: The agricultural sector in Europe: Field trials and venture capital investment between 1995-2001
Fig. 1: Field trials in Europe 1995-2001E. Magnien
„Ultimately, the world will obtain most of its food, fuel, fibre, chemical feed stocks and some of its pharmaceuticals from genetically altered vegetation and trees.“ [279 Science 219 (1998)] requires: