|Sven Bostyn, Lic.Jur.
LL.M. (Stockholm), PhD (Maastricht), Assistant Professor
of Intellectual Property Law, Institute for Information
Law (IVIR), University of Amsterdam, Senior Lecturer in
Intellectual Property Law at the University of Liverpool
and consultant in IP.
He is research fellow
at the International Institute of Infonomics and adjunct
research fellow at the Intellectual Property Research
Institute, Centre for Commercial Law Studies, Queen Mary
and Westfield College, London. Since 2001 he is also
acting professorial lecturer at the WIPO Intellectual
Property Law Course in Torino and the post-graduate IP
course in Zürich (ETHZ). He was member of a Scientific
Advisory Committee at the Dutch Royal Academy of
Sciences (Gene Patents Committee), and is also member of
and rapporteur at the Expert Group of the European
Commission (DG Internal Market and DG Research) for the
evaluation of Directive 98/44/EC relating to the legal
protection of biotechnological inventions. He is also
involved in a number of international research projects.
He has published
extensively in Dutch and international journals in the
field of patent law and biotechnological and computer
implemented inventions, and is the author of ‘Enabling
Biotechnological Inventions in Europe and the United
States. A study of
the patentability of proteins and DNA sequences with
special emphasis on the disclosure requirement,
Eposcript Series, nr. 4, EPO, München, 2001, +/- 340
pp., and of a Study prepared for the European
Commission, ‘Patenting DNA Sequences (Polynucleotides)
and Scope of Protection in the European Union: An
Evaluation, European Communities, 2004, +/- 140 pp. He
is also co-editor of the Journal of International
Biotechnology Law. He is a frequent speaker on
international conferences. His fields of interest
are: law and economics of IP rights. The tension between
competition and monopoly rights.
Within the domain of
patent law, major attention is directed towards the
patentability of biotechnological inventions, plant
variety right protection, plant and animal patents,
methods of medical treatment, pharmaceutical inventions,
computer implemented innovations, and in general
(compulsory) licensing in patent and know-how matters.
Also the relationship between patent law and health
care, clinical trials, biodiversity, access to genetic
resources and traditional knowledge and IP. Competition
law issues relating to intellectual property rights.
This all in comparative perspective, with major emphasis
on Europe (EPO, European Union, national states) and the
United States, WIPO and WTO developments.
No Contact with the
Human Body, Please! Patentability of Diagnostic Method
Inventions after G01/04, European Intellectual
Property Review, 2007-6, p. 238-244.
When the referral to
the Enlarged Board of Appeal (EBA) was made in respect
of diagnostic method inventions, high expectations
were present that the decision would bring an end to
existing confusion and legal uncertainty with regard
to diagnostic method patent applications. As will be
seen further in this comment, the EBA had not entirely