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European Communities (Legal Protection of Biotechnological Inventions) Regulations, 2000 (S.I. No. 247 of 2000).

Type of law

The purpose of these Regulations is to give statutory effect in the State to the requirements of Directive 98/44/EC of the European Parliament and of the Council on the legal protection of biotechnological inventions. Inventions in the field of biotechnology must meet patentability requirements in the same way as inventions in other technical areas. The Regulations contain a non-exclusive list of subject-matter which are considered patentable and non-patentable. The Regulations include provisions concerning the scope of protection of a patent for self-replicable material or material containing genetic information which permits its multiplication or propagation. The protection conferred by such a patent will extend to all material obtained from the multiplication or propagation. An exemption is made for farmers to whom the Regulations give an implied right to use the seed obtained from their harvest for further propagation on their own farm. The Regulations also deal with compulsory licences and cross-licences between the proprietor of a patent and the holder of a plant variety right where one cannot be exploited without infringement of the other.
Date of text
Entry into force notes
These Regulations shall come into operation on 30 July 2000.
Source language


Legislation status
in force
Legislation Amendment