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The thesis is dedicated to the question of how legal culture affects the perception of morality in patent law regimes and whether a better understanding of the terms can ease their complex relationship. To this end, the role of moral considerations in European, German, US and Chinese patent law is analyzed. The analysis shows the unique and paradoxical relationship between immorality and illegality in patent law compared to other areas of law. Furthermore, it is found that the interpretation of the fundamental function of patent law significantly influences the understanding of morality in patent law. Therefore, a moral standard in patent law cannot be identified universally across different patent law systems. Consequently, (legal) cultural aspects must always be included in the interpretation of patent law. Ultimately, aspects of legal culture and societal interests can be balanced in a proportionality approach.
List of contents
A. Introductory RemarksResearch Questions and Scientific Interest - Methodology and Content - Overview of SourcesB. The Interplay of Technology and MoralityExamples of Recent Technological Development with Moral Considerations - Potential Moral Considerations with Regard to Modern Weapon Technology - ConclusionC. Moral Considerations in Patentability in European and German Patent LawArt. 27 (2) TRIPS and Respective Regulations - Ordre Public and Morality on a European Level - Fundamental Considerations of Morality in German Legal Literature - Commercial Exploitation as a Requirement of Moral Violations - ConclusionD. Patentability and Moral Concerns in U.S. Patent LawHistoric Development - Rise of Biotechnology and Genetic Engineering - The Role of Human Dignity in the U.S. Patent System - Differences in Judicial Arguments - Morality and Patentability in Relation to State Powers - Conclusion and RecommendationsE. Morality and Patentability in Chinese Patent LawChinese Legal Culture and Patent Law - Development of Patentability Concerns in China - Morality and Chinese Legal Culture - ConclusionF. Summary and Comprehensive AssessmentG. BibliographyIndex
