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The publication has been promoted and financed by the Genoma España Foundatio

Genoma España and Garrigues publish the first guidebook to apply for patents in the biotechnology sector

06/10/2004

(10/06/2004) The Industrial and Intellectual Property Agency of the Garrigues Firm and the Genoma España Foundation have just published the first guidebook to come out in Spain on the application for patents in the biotechnology sector. The publication has been promoted and financed by Genoma España, the State Foundation for the development of Genomics and Proteomics research aiming to promote financing for Spanish researchers in these fields and the creation of biotechnological enterprises.

The project commenced two years ago, when the Genoma España Foundation selected, through a public bidding, a team of professionals of the Garrigues Industrial and Intellectual Property Agency to prepare the first guidebook of this kind on industrial property. Mónica Aritzi, graduated in Biochemistry and an associate of Garrigues, has coordinated and directed this work, together with Miguel Vega, Innovation and Prospective Manager of Genoma España. “The concern with patenting is generating in turn a certain degree of concern with the commercial working of the patents. We are only able to achieve this if we choose the proper strategy”, said Miguel Vega.

Another four professionals of the Garrigues Industrial and Intellectual Property Agency have also cooperated in writing the texts: Borja de Carlos Hernando, Natalia González-Alberto, Andrea Sirimarco and Sergio Morales.

The guidebook offers a complete and specific view of the current situation of the legal protection afforded to biotechnological innovations, a sector in constant evolution that has become greatly relevant over the last years. To do this, the publication travels through the various legislations of the world, particularly emphasizing the case of Spain, where legislation on the matter is very recent. Specifically, Spanish law first contemplated the possibility of patenting these inventions two years ago when Act 10/2002, Patent Act, was passed. “Legal provisions on the matter are very short lived. We thought it would be a good idea to be of assistance in providing wider knowledge of a sector that is lately of growing interest and quite controversial”, declares Mónica Aritzi, responsible for the project.

The guidebook also mentions several practical cases of great relevance in advanced societies. These cases are analysed to explain the limitations and possibilities in the application for patents in the biotechnology sector.

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