Información para el examen del párrafo 3 b) del artículo 27 (materia patentable) - Ver

Iceland

Lista de preguntas

Lista ilustrativa de cuestiones preparada por la Secretaría

N.B.: Sírvanse cerciorarse de que las respuestas a las preguntas precedentes abarquen cada una de las categorías especificadas en el apartado b) del párrafo 3 del artículo 27, es decir, los microorganismos, los procedimientos esencialmente biológicos para la producción de plantas o animales, los procedimientos microbiológicos, los procedimientos no biológicos, las obtenciones vegetales y las demás invenciones relativas a plantas o animales.

B. Sistemas de protección de las obtenciones vegetales
No, it is not directly prohibited in the Patents Act to grant a patent for plants and animals, per se. However, according to Article 1(4)(2) of the Icelandic Patents Act No. 17/1991, a patent shall not be granted for plant or animal varieties.
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Yes, it is possible.
No, it is not possible.
Yes, it is possible.
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According to Article 1(4)(2) of the Icelandic Patents Act No. 17/1991, it is possible to obtain a patent for microbiological processes and products resulting from such processes. It is not directly prohibited in the Patents Act to grant a patent for a micro-organism.
No, according to Article 1(4)(2) of the Icelandic Patents Act, patents shall not be granted for "essentially biological processes for the production of plants or animals".
Yes, if the invention is novel, involves an inventive step and is susceptible to industrial application.
On 19 May 2000, a bill on plant variety protection was passed in the parliament. The Icelandic Plant Variety Protection Act No. 58/2000 provides a sui generis form of protection for a new plant variety.
Yes, the provisions of the Icelandic Plant Variety Protection Act correspond to the International Convention for the Protection of New Varieties of Plants (UPOV) from 1991.
The Plant Variety Protection Act is based on the 1991 Act of the UPOV Convention.
No, an authorization is not required. According to Article 18(2) of the Plant Variety Protection Act, the breeder's right shall not extend to utilization for experimental purposes.
Yes, an authorization is required. According to Article 16 of the Plant Variety Protection Act, the protection shall include a variety which is essentially derived from the registered variety. A plant variety is considered essentially derived from a variety if it is predominantly derived from the initial variety or from a variety that is itself predominantly derived from the initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety.
No, an authorization is not required. According to Article 18(1) of the Plant Variety Protection Act, protection does not extend to private utilization for non-commercial purposes. According to Article 17(3), the Minister can set rules to oblige parties propagating varieties of specifically prescribed species, exclusively for use in their own operations, to pay licence fees.
According to Article 18(1) of the Plant Variety Protection Act, an authorization is not required for private utilization for non-commercial purposes. According to Article 17(3) the Minister can set rules to oblige parties propagating varieties of specifically prescribed species, exclusively for use in their own operations, to pay licence fees.
According to Article 2(1)(4) of the Plant Variety Protection Act, a protection can be granted if the variety is new, i.e. propagating or harvested material of the variety has not been sold or offered for public sale or otherwise disposed of, by or with the consent of the breeder, for purposes of commercial utilization of the variety: - in Iceland, earlier than one year before the above-mentioned date; or - in another country, earlier than four years or, in the case of trees or of vines, earlier than six years before the above-mentioned date. According to Article 2(2), a variety is considered to be known if it has been sold or offered for public sale, is registered in an official variety list or is generally known through other means.
No.