under Article 27(2) and (3) of the TRIPS Agreement?
Article 27(2) states that members may exclude from patentablity
inventions, the prevention within their territory of the commercial
exploitation of which is necessary to protect ordre public or
morality, including to protect human, animal or plant life or health or
to avoid serious prejudice to the environment, provided that such
exclusion is not made merely because the exploitation is prohibited
by their law.
Under Article 27(3), members may also exclude from patentablity:
(a) diagnostic, therapeutic and surgical methods for the
treatment of humans or animals;
(b) plants and animals other than micro-organisms, and
essentially biological processes for the production of plants and
animals other than non-biological and microbiological processes.
However, members shall provide for the protection of plant
varieties either by patents or by an effective suis generis system or
by any combination thereof.
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Always check with your IP consultant.
