10 November 2017Biotechnology

LSIPR 50 2017: Jean-Claude Juncker

Name: Jean-Claude Juncker

Organisation: European Commission

Position: President

Jean-Claude Juncker from Luxembourg is the president of the European Commission, which announced towards the end of  last year that products created through essentially biological processes should be excluded from patentability.

After the European Commission held a one-year review of the biotech directive, which dates from 1998, it decided to set limitations on the patentability of plants and animals, including the biological processes of producing them.

"Juncker allocates portfolios to its members and determines the commission’s policy agenda, among other things."

“One of the interesting things from the biotech directive is that it didn’t make any mention of products derived from these essentially biologically processes that were not going to be patentable,” says Jane Wainwright, partner at Potter Clarkson, in an interview with LSIPR.

As explained by Wainwright, the commission’s review is not binding on the European Patent Office (EPO), but the EPO has decided to suspend proceedings in all cases where there might be claims of patents which are directed to products of essentially biological processes.

As president of the commission, Juncker allocates portfolios to its members and determines the commission’s policy agenda, among other things.

Juncker was the 23rd Prime Minister of Luxembourg from 1995 to 2013, as well as minister for finance from 1989 to 2009.