The European Court of Justice (ECJ) has censured Belgium and Luxembourg over their failure to implement key European Union (EU) legislation on granting patent protection to innovative food industry products.

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The two countries were supposed to write directive 98/44/EC on the legal protection of biotechnological inventions into their national laws by July 2000, but have failed to do so.


Both Luxembourg and Belgium said they were taking steps to implement the directive, but the Commission has long lost patience with them and has secured a court order that they comply. If the countries continue dragging their feet, they could be fined by the ECJ.

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