§ Dr. GibsonTo ask the Secretary of State for Trade and Industry what plans he has to restrict the exercise of monopoly power under gene patents. [87371]
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Company Grade Period of secondment Aerospace Industries British Aerospace R10 (formerly Grade 7) November 1994–February 1995 SBAC R9 (formerly SEO) October 1995–September 1997 British Aerospace R10 January 1996–December 1996 Matra Marconi Space R10 April 1996–September 1997 British Airways R9 August 1996–September 1996 Textile Industries British Footwear Association R8 December 1997–March 1999 Faith Charnock Wilson R8 June 1997 (2 weeks) John Partridge R6 4 x 1-day attachments Illingworth R6 4 x 1-day attachments Drummonds R6 4 x 1-day attachments Paul James Knitwear R6 4 x 1-day attachments
§ Mr. BattleRights available to patent owners, including those relating to genetic engineering, offer encouragement to undertake the costs and risks of technical innovation, but are already limited in their scope and duration in order that others can gain access to patented inventions and the technical knowledge on which they are based. There are no plans for change.
As for all technologies, patent rights in the genetics field can last for a maximum period of 20 years after which the invention becomes part of the public domain and all are free to use it. There are exceptions to rights allowing the use of a patented invention to undertake research relating to that invention. If the market for an invention is not being satisfied in the UK, then rights may be compulsorily licensed to others. It is also important to note that patented inventions are published in sufficient detail to allow others skilled in the technology to use them. This ensures that technical advances are disclosed so stimulating research for further inventions, and rights may be challenged more easily since their foundation is made available for all to see. These restrictions are consistent with European and International laws concerning patentability.
In addition to these restrictions on patent rights, in the event that a patented invention places the rights owner in a dominant market position, exercise of patent rights is subject to competition law.