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WATER ABLAZE - Patagonia Sin Represas

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of living things in its rules and standards, on paper at least!<br />

Article 53: Exceptions to patentability<br />

European patents shall not be granted in respect of:<br />

(a) inventions, the commercial exploitation of which would be<br />

contrary to “ordre public” or morality; such exploitation shall not be<br />

deemed to be so contrary merely because it is prohibited by law or<br />

regulation in some or all of the Contracting States;<br />

(b) plant or animal varieties or essentially biological processes for<br />

the production of plants or animals; this provision shall not apply to<br />

microbiological processes or the products thereof;<br />

(c) methods for treatment of the human or animal body by surgery<br />

or therapy and diagnostic methods practised on the human or<br />

animal body; this provision shall not apply to products, in particular<br />

substances or compositions, for use in any of these methods.<br />

Similar exceptions have been laid down in national patent<br />

regulations as well as at international level in article 27.3(b) of the<br />

TRIPS agreement. It therefore seems even more absurd that the<br />

patenting of life is nevertheless progressing at a fast and furious<br />

pace and in an increasingly ruthless manner. Here, too, an area not<br />

regulated by law has been created, in which the large companies of the<br />

industrial nations are able to push through their interests unhampered<br />

by legislation.<br />

Resistance to this development can take the form of legal actions,<br />

such as those currently underway against existing patents, e.g. on<br />

basmati rice or substances from the neem tree, or else the refusal to<br />

comply with corporate compensation demands. The most famous<br />

example of this is Canadian farmer Percy Schmeiser who, in a lawsuit<br />

which lasted several years, successfully rejected charges made against<br />

him by Monsanto. His field had been contaminated by genetically-<br />

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