Green gene technology: research in an area of social by Arthur Einsele (auth.), Armin Fiechter, Christof Sautter

By Arthur Einsele (auth.), Armin Fiechter, Christof Sautter (eds.)

A. Einsele: the space among technology and belief: The Case of Plantbiotechnology in Europe.-

A. Schrell, H. Bauser, H. Brunner: Biotechnology Patenting coverage within the eu Union - as Exemplified by means of the improvement in Germany.-

M. Leisola: Bioscience, bio-innovations and bioethics.-

M.P. Oeschger, C.E. Silvia: Genetically converted Organisms within the usa: Implementation, issues and Public Perception.-

P. Aerni: Agricultural biotechnology and its contribution to the worldwide wisdom Economy.-

T. Schlaich, B. Urbaniak, M.L. Plissonnier, N. Malgras, C. Sautter: Exploration and Swiss box checking out of a viral gene for particular quantitative resistance opposed to smuts and bunts in wheat.-

C. Gessler, A. Patocchi: Recombinant DNA know-how in apple.- J.B. Van Beilen, Y. Poirer: clients for biopolymer construction in plants.-

P.A. Vidi, F. Kessler: Plastogobule lipid our bodies: their funktions in chloroplasts and their power for applications.-

F. Felber, G. Kozlowski, N. Arrigo, R. Guadagnuolo: Genetic and Ecological outcomes of Transgene circulation to the Wild Flora.-

F. Widmer: Assessing results of Transgenic plants on soil Microbial Communities.-

O. Sanvido, J. Romeis, F. Bigler: Ecological affects of Genetically Modiefied plants: Ten Years of box learn and advertisement Cultivation

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The decision clarified that plant varieties containing genes introduced into an ancestral plant by recombinant gene technologies irrespective of the way they were produced are excluded from patentability, as long as the plant variety itself is claimed. As a consequence of this decision, it became possible again to obtain claims directed to transgenic plants as long as they did not specifically relate to individu- 26 A. Schrell et al. alised varieties. This is in line with the EU directive (98/44/EG) discussed in Sect.

In said decision, the BGH considered in principle a process of breeding animals being patentable, provided the process is repeatable. A first hindrance to patenting biological inventions was overcome. However, at that time the German Patent Act still contained a prohibition to grant patents for pharmaceuticals, food and confections as well as substances prepared by chemical synthesis. With effect of the 1st of January 1968 the German Patent Act of 4th of September 1967 has repealed said prohibition.

In the field of green gene technology, a private initiative in line with those endeavours is an agreement between the inventors of GoldenRice [57] and six patent-holding companies to grant free licences to subsistence farmers (in poor countries) whose annual income on GoldenRice does not exceed US$ 10 000 [58]. GoldenRice is a genetically modified form of rice in order to fight vitamin A deficiency by an enhanced provitamin A content [59, 60] (and possibly other micronutrients etc in the future [61]).

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