The Protection of Biotechnological Innovation by Patent in the United States, Europe, France, and China: A Comparative Study from the Perspective of the TRIPS Agreement

Biotechnology consists of modern scientifi c and technological development; as with most new sectors, it brings new problems in various fi elds, including science, technology, ethics, economy, and law. Legislators need to fi nd a way to effectively regulate biotechnology so that the public can benefi t from its development, enterprises can grow their business in related industries, and morality and ordre public are not disturbed. Among all the problems raised by biotechnology, the patentability of biotechnological inventions remains one of the most important. As a satisfactory solution has not yet been found, the legal regime for biotechnology is in constant fl ux. It is in this context that the Agreement on Trade-Related Aspects of Intellectual Property Rights 1 (TRIPS Agreement) tries to carry out an international harmonization of national laws among all World Trade Organization (WTO) members. Since all WTO members experience different levels of technological and economic development and since they do not share the same moral or ethical rules, divergences are unavoidable in political and legal fi elds. We will fi rst analyze the obligations of WTO members under the TRIPS Agreement and then examine their implementation in the United States (US), the European Patent Offi ce (EPO), the European Union (EU), France, and China.