HC Deb 06 July 1999 vol 334 cc451-2W
Dr. Gibson

To ask the Secretary of State for Trade and Industry what plans he has to restrict the exercise of monopoly power under gene patents. [87371]

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. Battle

Rights 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.