ETH Zurich's weekly web journal - auf deutsch
ETH Life - wissen was laeuft ETH Life - wissen was laeuft


ETH Life - wissen was laeuft ETH Life - wissen was laeuft
Home

ETH - Eidgenoessische Technische Hochschule Zuerich - Swiss Federal Institute of Technology Zurich
Section: Science Life
deutsche Version english Version
Print-Version Drucken

Published: 09.12.2004, 06:00
Modified: 08.12.2004, 22:03
6th EIPIN Congress of the Advanced Diploma Studies "Intellectual Property Rights"
Potent patents

Patents are a potent tool to protect innovations and thus foster capital investments in research and development. Around 100 graduate students from all over Europe came together at the end of last week at ETH Zurich to participate in a congress on patent protection and patent litigation. One of the main themes of the congress was that of patents in the domain of biotechnology. "ETH Life" talked to a participant.

By Jakob Lindenmeyer

"Instead of just reading law texts at this congress we can use what we've learned and try to convince the jury party in mock court trials and simulated situations," enthuses the 27-year old postgraduate student, Simone Locher, on the second day of the EIPIN Congress (see box below). Training one's social competencies in contact with team colleagues from every corner of Europe was a decisive factor in the career of the future patent attorney. In addition, she said, she benefited from the exchanges of experience with foreign colleagues and was able to expand her network of professional contacts.


The EIPIN Congress

The European Intellectual Property Institutes Network (EIPIN) (1) comprises four European education institutions, specialised in the area of intellectual property rights. In addition to ETH Zurich, the Robert Schuman University in Strasbourg, the University of Alicante in Spain and the University of London participate in the network. EIPIN was founded in 1999 with the aim of facilitating contact and improving co-operation among intellectual property institutions and students in Europe. During their one-year-course the postgraduate students meet three times for workshops where they work in teams. For the first time students of the Munich Intellectual Property Law Center participated in the workshops. The teams were composed of one student of every institution.



During her biology studies at ETH Zurich Locher specialised in cell biology. But she soon came to realise that, "The laboratory is not the place where I could be happy working." So she worked for a couple of years in the medication registration unit at Novartis before returning to ETH this year to study for a postgraduate course in "Intellectual Property" (see box on the left) and began training as a patent lawyer. The course, which takes only a year to complete, should not be underestimated.

Seriousness from professional experience

"The postgraduate course is far more intensive than my initial course of studies at ETH because of the huge quantity of learning material and the time required for preparation," groans Locher. She often sat at her books until midnight, she said, only to leave early next morning to throw herself into lectures and exercises. It was exhausting, but: "Good preparation is not something you can compromise on if you want to make the most of this course." Perhaps the seriousness with which she and her colleagues approach the postgraduate course, when compared to their level of application the first time round, can be put down to age or maturity and work experience.


Postgraduate course &Intellectual Property&

The core of the postgraduate course on Intellectual Property (NDSIP) is devoted to the group of instruments that protect intellectual property (patents, trademarks, copyrights, licensing and competition rights), as well as licensed contracts and aspects of strategic protection of companies. The NDSIP provides basic knowledge, which facilitates a successful student's entry into a patent, license or marketing department of an industrial establishment or a patent lawyer's office. Other chances open to people with this diploma are jobs in management, in research or in public offices. The course targets students who hold a first diploma degree in the engineering, technical or natural sciences or management and economics. At present, 17 full-time students are taking course. Further information at(2).




continuemehr

Advanced Diploma Student, Simone Locher, at the registration desk for the EIPIN Congress. large

Locher sees her future as a patent attorney working in a specialised lawyer's office. Or, perhaps, working for a government body, such as the European Patent Agency, EPA. "I could also imagine going back into industry, for example in the patent department of Novartis", says Locher. But the decision doesn't have to taken yet awhile. After the postgraduate course she will first have to get three years practice under her belt before she can take the European Patent Lawyers' Examination, which is widely seen as extremely demanding.

At a European level

The fact that, for the main part, English is the language of the courses of study, is not a problem for Locher. Ten years ago, she spent an exchange year at an institution in the "middle of nowhere" in Indiana in the USA. The English she learned then has stood her in good stead ever since and facilitates communication today with her team colleagues. Locher is fully aware of the fact that at as patent lawyer, her professional activities would take place on a European level, because, "The days are past when a patent could be registered for Switzerland, exclusively."

Apart from the challenging work on which small teams co-operate, Locher appreciates the spectacular show trials (3), which took place on Saturday morning at this year's EIPIN Congress on "Patents and Patent Litigation". The main focus, this year was patents for biotechnology(4). "As I want to specialise on patents for biotechnology, chemistry and pharmaceuticals, it's especially interesting for me to find out more about the patent system in these innovative areas." Around half of her 16 NDSIP colleagues came from the same educational background. The lecture on the controversial patent Harvard took out fir its Oncomaus shows that patent rights still have to establish themselves in this new area. The same applies to Switzerland (see box).


Controversy surrounding patents on biotechnology

(mib) Switzerland's patent law is currently undergoing revision. At the core of the matter is the question of under what circumstances and within which limits patents should be granted for discoveries in the domain of biotechnology. The motion that led to the current revision was tabled by Senator Helen Leumann (FDP/LU) in April 1999, calling for an adjustment of Swiss patent law to conform to the EU guideline 98/44/EG. These guidelines deal with biotechnological discoveries. Two years later the Federal Council charged the Federal Department of Justice and Police (EDJP) the a consultation paper on the revision of the patent law. This led to a more factual discussion on the patenting of biotechnological discoveries. In due course, at the end of 2002, an explanatory report on the draft law was set up and distributed for a second round of consultation in July 2004. This was concluded in October. The two chambers of parliament will be dealing with the matter in a coming session.

The most controversial point is that of the granting of patents on living creatures (5). According to François Meienberg from the organisation "Erklärung von Bern" it represents "an offence against the dignity of the creature". The development and environmental organisations and agencies, Swissaid, Greenpeace, "Terre des hommes", WWF and Pro Natura, share this view.

On the other side of the divide, Thomas B. Cueni, General Secretary of Interpharma, lobbies for a wide and liberal interpretation of the patent law. Cueni says, "Innovations are an important incentive that generates new investment within Switzerland and are therefore to be protected by patent." Genes and genetic lines, however, should only be granted patents "if the function of the gene sequences and their commercial application were clearly circumscribed in the application.“ The academies of medical and natural sciences agree. The organisation "unitectra", the technology transfer office linking the universities of Berne and Zurich, are of the same opinion.




Footnotes:
(1) Website of the EIPIN Conference: www.eipin.org/
(2) Website of the Advanced Diploma Studies on Intellectual Property: www.ndsge.ethz.ch/nds
(3) ETH Life report on the EIPIN show trials on the issue of parallel imports: archiv.ethlife.ethz.ch/articles/mootcourt.html
(4) ETH Life report on the patent law in the areas of biology and chemistry: archiv.ethlife.ethz.ch/articles/Patentrechte.html
(5) Background information on the issue of "Biotechpatents“, put together by the foundation Science et Cité: www.science-et-cite.ch/projekte/patente/docs/de.aspx. More useful information can be found at the Federal Institute for Intellectual Property: www.ige.ch/D/jurinfo/j100.shtm



You can write a feedback to this article or read the existing comments.




!!! Dieses Dokument stammt aus dem ETH Web-Archiv und wird nicht mehr gepflegt !!!
!!! This document is stored in the ETH Web archive and is no longer maintained !!!