PMID: 11921884Apr 2, 2002Paper

Comment on the ruling about the appeal against the Directive on biotechnological inventions

Revista de derecho y genoma humano = Law and the human genome review
M R Fernando Magarzo

Abstract

The author examines the content of the European Court of Justice ruling which dismisses the appeal lodged by the Netherlands against Directive 98/44 concerning the legal protection of biotechnological inventions. The main grounds for the appeal were as follows: inappropriate choice of points of law; breach of the principle of subsidiarity; violation of the principle of legal certainty; breach of International Law obligations; undermining of human dignity; breach of the principle of collegiality.

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