Human genome sequencing, the first successful cloning of mammals, and the progress in human stem cell research present humanity with many new questions of an ethical nature. This is undoubtedly a result of the dynamic development in this field in the last several years. Recent years have brought frequent discussion about limiting the possibility of patent protection for biotechnological inventions for ethical reasons.
The systems of patent rights in force in Europe today, both at the level of national law and on the regional level, contain general clauses prohibiting the patenting of inventions whose publication and exploitation would be contrary to "ordre public" or morality. There is no copyright in facts per se, but original expression of factual compilation can have copyright protection.
If a compilation work satisfies the originality criteria, that is ‘creativity’, then it will be protected. As per copyright law principles, making a digital copy itself is copyright infringement, no matter what amount of work is accessible to users. Substantial similarity leading to copyright infringement is a grey area in copyright law. Thus, if it can be shown that two precisely similar works were in fact produced wholly independently of one another, there can be no infringement of copyright by one or the other. Copyright is not a monopoly, unlike patent and registered design. Copyright law is concerned, in essence, with the negative right of preventing the copying of physical material. Plagiarism is not necessarily copyright infringement and copyright infringement is not necessarily plagiarism. The law of copyright is based on the encouragement of motive.
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