Nine EU countries still fail to implement legal protection of biotech inventions legislation 

In December 2002, the Commission sent reasoned opinions to nine Member States (Germany, Austria, Belgium, France, Italy, Luxembourg, the Netherlands, Portugal and Sweden) regarding their failure to transpose Directive 98/44/EC on legal protection of biotechnological inventions into national law. The original deadline was 30 July 2000. If the Commission receives no satisfactory reply from the Member States concerned, they may be referred to the Court of Justice.

The Commission has held three meetings so far providing the uncooperative countries with the opportunity to explain the political and technical obstacles which continue to block the implementation of the Directive into national law.

Internal Market Commissioner Frits Bolkestein warned that if Member States fail to implement the Directive, "Europe's biotech sector will be working with one hand tied behind its back and will fall further and further behind". "To ensure Europe excels in biotechnology, we need a robust European system for protecting biotech inventions," added Research Commissioner Philippe Busquin.

At the most recent meeting between the Commission and Member States, participants discussed the patentability of plants and animals, the patentability of isolated elements of the human body and exceptions to patentability, based on the first report by the Commission on the developments and implications of patent law in the field of biotechnology and genetic engineering. At the same time, the Commission announced the establishment of the Expert Group on legal and technical aspects of biotechnological inventions, whose role is to analyse important issues surrounding biotech inventions and assist the Commission in drawing up future reports.

According to EU estimates, by 2005, the European biotech market could be worth over 100 billion euros. By 2010, global markets could amount to over 2000 billion euros, excluding agriculture.