One of the vigorously debated topics related to the protection of biotechnology inventions has been the issue of patents on biotechnology research tools, which usually are used in very early stages of biotechnology research. Proponents of patenting argue that the patent system acts as an incentive for biotech/pharma companies to invest in research and development which is aimed at developing biotech research tools. Opponents of patenting maintain that such patents might impede future research by creating “patent-thickets” and preventing researchers from performing experiments which rely on the patented tools without authorization and royalty payments.The Republic of Macedonia is a small, developing country that lacks specifically crafted legislation or even an articulated public policy promoting the growth of the biotechnology sector. Macedonian patent law contains rather broad exemption to patent rights, termed in “free use for personal and non commercial purposes” and “free use for research and development” of a patented invention. These provisions use obfuscating language and might generate confusion and divergent judicial practices. Also problematic are the law’s provisions which pertain to biotechnology patents and, especially, exemptions to biotechnology patents; these appear to misinterpret the mirroring provisions of the European Union Biotechnology Directive.This article argues in favor of amending the Macedonian industrial property law with a list of both specific exemptions and safeguards, which should provide clarity in future judicial practice pertaining to experimental-use exemptions of biotech research-tool patents in this country.
Erratum: 20 years of Nature Biotechnology research tools
