Full Description
Under the rules of European patent law, inventions whose commercial exploitation is contrary to morality are denied exclusive protection; however, there is currently no standardised mechanism for interpreting the morality exception. In this pioneering book, Joanna Wisniowska proposes a novel method of interpreting the morality clause in European patent law.
Following the establishment of the Unified Patent Court in 2023, the need for a universal method for interpreting the morality clause has become more evident. Through interdisciplinary and legal theoretical analysis, this book searches for a standardised mechanism for interpreting the morality exception to be applied by both national and supranational patent authorities. Wisniowska revisits principles of legal theory and combines them with analysis of other areas of private law equally familiar with exceptions and limitations invoking immorality. Drawing on rules of statutory interpretation, the author proposes a method of 'systemic functionalism' that considers morality as a legal term, tailored to the needs of supranational patent authorities. The concluding chapter provides a guide to the new method's operation through a series of case studies based on recent innovations in the field of biotechnology.
Morality in the Unitary Patent System is an essential resource for students and academics of intellectual property law, legal theory, and European law. It also serves as a valuable reference for legal professionals with a major presence in patent litigations.
Contents
Contents
Introduction: morality in the Unitary Patent System
Impetus for Change: Unified Patent Court
Structure of the Book
1 European sources of the morality patent exception
2 What?: subject and scope of moral assessment
3 Who and when?: institutional and temporal aspects of moral
assessment
4 Morality as a foreign term: interdisciplinary transplants 80
Interdisciplinary transplants as a source of morality
5 Morality as a legal term: intralegal transplants
6 Cornerstones of the original method of interpreting the patent
morality clause
7 Step 1: Functional interpretation of morality clause
8 Step 2: Systemic frame for interpreting morality
9 Morality in supranational patent proceedings: case studies
