Biotechnology Development And Patent Law

Author : Kshitij Kumar Singh
Publisher : Springer
Page : 254 pages
File Size : 53,7 Mb
Release : 2014-10-27
Category : Law
ISBN : 9788132220596

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Biotechnology and Intellectual Property Rights by Kshitij Kumar Singh Pdf

This book offers a valuable contribution to contemporary legal literature, providing deep insights into the interface between law and genetics, highlighting emerging issues and providing meaningful solutions to current problems. It will be of interest to a broad readership, including academics, lawyers, policy makers and scholars engaged in interdisciplinary research. In the context of examining and analyzing the legal and social implications arising from the recent conjunction of biotechnology and intellectual property rights, the book particularly focuses on human genes and gene variations. Emphasis is placed on “patent law,” as a considerable percentage of genetic inventions are covered by patents. The book presents a comparative and critical examination of patent laws and practices related to biotechnology patents in the United States, Canada, European Union and India, in order to gather the common issues and the differences between them. The international patent approach regarding biotechnology is also analyzed in light of the constant conflict between differentiation and harmonization of patent laws. The book highlights the potential gaps and uncertainties as to the scope of numerous terms such as invention, microorganisms, microbiological processes, and essential biological processes under TRIPS. Also analyzed are the social and policy implications of patents relating to genetic research tools and genetic testing. The intricacies involved in providing effective intellectual property protection to bioinformatics and genomic databases are also examined. Bearing in mind the collaborative nature of bioinformatics and genomic databases, the book evaluates the pros and cons of open biotechnology and assesses the implications of extending intellectual property rights to human genetic resources, before explaining the ownership puzzle concerning human genetic material used in genetic research.

Author : Arezzo, E. Ghidini, G.,Gustavo Ghidini
Publisher : Edward Elgar Publishing
Page : 361 pages
File Size : 53,9 Mb
Release : 2011
Category : Law
ISBN : 9780857938039

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Biotechnology and Software Patent Law by Arezzo, E. Ghidini, G.,Gustavo Ghidini Pdf

'The art of editing is to bring contributions together, which melt into one book. This is what Emanuela Arezzo and Gustavo Ghidini have achieved with their own critical mind by composing a book of papers, in which internationally renowned experts measure the tensions created for the patent system by the needs and problems of protecting biotechnological and software inventions. All together, they present a comparative law challenge to the very fundaments of patent protection. As such, they are or may become a "must read".' Hanns Ullrich, College of Europe, Bruges, Belgium 'Arezzo and Ghidini have put together a fine collection of essays addressing developments in patent law from general themes to emerging ones in the infotech and biotech sectors. It is notable that the international array of authors includes contributions from both established and rising young scholars, all of them ably tackling difficult issues that merit our attention.' Rudolph J.R. Peritz, New York Law School, US The new millennium has carried several challenges for patent law. This up-to-date book provides readers with an important overview of the most critical issues patent law is still facing today at the beginning of the twenty first century, on both sides of the Atlantic. New technological sectors have emerged, each one with its own features with regard to innovation process and pace. From the most controversial cases in biotech to the most recent decisions in the field of software and business methods patent, patent law has tried to stretch its boundaries in a way to accommodate such new and controversial subject matters into its realm. Biotechnology and Software Patent Law will strongly appeal to postgraduate students specializing in IP law, international law, commercial and business law, competition law as well as IP scholars, academics and lawyers.

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property and Judicial Administration
Publisher : Unknown
Page : 124 pages
File Size : 42,7 Mb
Release : 1993
Category : Political Science
ISBN : STANFORD:36105026904024

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Biotechnology Development and Patent Law by United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property and Judicial Administration Pdf

Author : Nijar, Gurdial Singh
Publisher : The University of Malaya Press
Page : 91 pages
File Size : 48,5 Mb
Release : 2024-06-16
Category : Fiction
ISBN : 9789831009437

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Patenting Life Forms : Law and Practice by Nijar, Gurdial Singh Pdf

The advent of modern biotechnology has seen the proliferation of the use of life forms for the creation of products. In tandem with this development, patent over life forms have grown proportionately as the biotechnology industry seeks to protect its investment. This has spawned a debate about the propriety of patenting life forms. This book explores the issues surrounding such patenting. There is a need to identify the reasons for the growth of such patenting, the issues raised, the concerns dealing with such patenting and the way in which countries, especially leading patent countries have sought to resolve the competing views.

Author : Graham Dutfield
Publisher : World Scientific
Page : 429 pages
File Size : 44,6 Mb
Release : 2009
Category : Law
ISBN : 9789812832283

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Intellectual Property Rights and the Life Science Industries by Graham Dutfield Pdf

This book is a highly readable and entertaining account of the co-evolution of the patent system and the life science industries since the mid-19th century. The pharmaceutical industries have their origins in advances in synthetic chemistry and in natural products research. Both approaches to drug discovery and business have shaped patent law, as have the lobbying activities of the firms involved and their supporters in the legal profession. In turn, patent law has impacted on the life science industries. Compared to the first edition, which told this story for the first time, the present edition focuses more on specific businesses, products and technologies, including Bayer, Pfizer, GlaxoSmithKline, aspirin, penicillin, monoclonal antibodies and polymerase chain reaction. Another difference is that this second edition also looks into the future, addressing new areas such as systems biology, stem cell research, and synthetic biology, which promises to enable scientists to OC inventOCO life forms from scratch.

Author : Matthew Rimmer
Publisher : Edward Elgar Publishing
Page : 393 pages
File Size : 47,7 Mb
Release : 2008-01-01
Category : Law
ISBN : 9781848440180

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Intellectual Property and Biotechnology by Matthew Rimmer Pdf

Dr Rimmer s book is a marvellous introduction to a crucial topic of our time. He writes engagingly, provocatively and always with good humour. A highly technical and complex area of law has been reduced to clear descriptions and searching analysis. Truly, this is an important book on an essential topic that will help define the ethics of a future that includes nothing less than the future of our species. From the foreword by the Hon Justice Michael Kirby AC CMG, the High Court of Australia . . . the author has done an excellent job by explaining the subject in an open and accessible manner. This book is a timely and very thought-provoking analysis of patent law and biotechnology. . . The book is a unique theoretical contribution to the controversial public debate over commercialization of biological inventions. . . there is an extensive bibliography. . . a valuable resource for further reading. The book will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists. Journal of Intellectual Property Rights Rimmer s book is highly recommended for anyone interested in the issues and debate related to biological inventions, regardless of which side the reader is on. Stefan M. Miller, Journal of Commercial Biotechnology . . . this book gives an excellent account of the most celebrated biotechnology cases from three continents, and for this alone is to be thoroughly recommended. David Rogers, European Intellectual Property Review Rimmer has put a great deal of thought and effort into this series of chapters. For those looking at how to reform, direct and develop laws in relation to biotechnology, this book is brimming with ideas, suggestions and recommendations of what to do next. Rebecca Halford-Harrison, Chartered Institute of Patent Attorneys . . . an excellent introduction to a wide range of legal thinking in an increasingly controversial and relevant area to humankind. Sharon Givoni, Australian Intellectual Property Law Bulletin Rimmer s new book is a timely and very thought-provoking analysis of patent law and biotechnology and asks a very serious question: can a 19th century patent system adequately deal with a 21st century industry? Kate McDonald, Australian Life Scientist This book documents and evaluates the dramatic expansion of intellectual property law to accommodate various forms of biotechnology from micro-organisms, plants, and animals to human genes and stem cells. It makes a unique theoretical contribution to the controversial public debate over the commercialization of biological inventions. The author also considers the contradictions between the Supreme Court of Canada rulings in respect of the Harvard oncomouse, and genetically modified canola. He explores law, policy, and practice in both Australia and New Zealand in respect to gene patents and non-coding DNA. This study charts the rebellion against the European Union Biotechnology Directive particularly in respect of Myriad Genetics BRCA1 and BRCA2 patents, and stem cell patent applications. The book also considers whether patent law will accommodate frontier technologies such as bioinformatics, haplotype mapping, proteomics, pharmacogenomics, and nanotechnology. Intellectual Property and Biotechnology will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists.

Author : Graham Dutfield
Publisher : Routledge
Page : 301 pages
File Size : 40,7 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351927130

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Intellectual Property Rights and the Life Science Industries by Graham Dutfield Pdf

This book analyses the history of the international patent regime and the life science industries, both of which can be traced back to the late 19th century. The development of patent law is inextricably linked to expanding capacities to elucidate, manipulate and commercially exploit the molecular properties of micro-organisms, plants, animals and other organic raw materials. The story of the life science industries begins with the European synthetic dyestuff firms and culminates in present-day conglomerates like Aventis, Novartis and Pharmacia. Throughout the last century, chemical, pharmaceutical, seed and biotechnology firms were actively involved in reforming patent law and plant variety rights. The major beneficiaries have been the largest firms whose market dominance and influence over peoples' lives - aided by friendly intellectual property laws - has never been greater. This sparkling and stimulating book reveals the key repercussions caused by the expansion of life science industries for issues of international equity, public health, food security and biological diversity.

Author : Frederic H. Erbisch,Karim M. Maredia
Publisher : Oxford University Press, USA
Page : 248 pages
File Size : 46,9 Mb
Release : 1998
Category : Agricultural biotechnology
ISBN : UOM:35112202449528

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Intellectual Property Rights in Agricultural Biotechnology by Frederic H. Erbisch,Karim M. Maredia Pdf

During the last twenty years, biotechnology has revolutionized agricultural research. The enormous potential, together with a landmark decision by the US Supreme Court to allow the patenting of genetically-engineered organisms, has encouraged the private sector to invest heavily in research, resulting in the rapid growth of a multi-million dollar industry. These changes have influenced the way in which information and materials are exchanged and combined with developments in global agricultural research have resulted in a worldwide need for scientists to be educated in the implications of intellectual property rights. This book presents definitive information on intellectual property law in a simplified form (with a minimum of legal jargon) not available in other texts on the subject. The first section begins with an introductory chapter and goes on to consider diverse issues including protection, transference and capacity building, both at the national and institutional level. The second section consists of eleven country and regional case studies from around the world which track the international variation in intellectual property law and its application to agricultural biotechnology. The presentation is intended for both scientists and policy makers in industrialized and developing nations

Author : Hsiao-Chieh Wu
Publisher : Universal-Publishers
Page : 128 pages
File Size : 41,7 Mb
Release : 2005-05-15
Category : Science
ISBN : 9781581122749

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Bio-Technology Development And Patents by Hsiao-Chieh Wu Pdf

Concerns over potential impediments to biochemical patenting derive from the significance of biotechnology to the future of medicine. From a medical perspective, developments in genetics could hardly be more consequential. (10) The legal revolution referenced above began with a scientific breakthrough--the development in 1972 of recombinant DNA technology. This invention spawned further advancements in genetic research, including the discovery in 1983 of a generally applicable method for cloning genes for polypeptides where the amino acid, DNA, and mRNA sequences were not completely known; the availability beginning in 1986 of computer controlled sequencing machines for the DNA base pairs that form genes; and the development of polymerase chain reaction technology the same year. These advancements have powerfully boosted the ability of scientists to locate and sequence genes. As the president of one major biotechnology company noted, a few decades ago it might have taken ten years to find a particular gene, but, with modern gene maps, a gene can now often be found with a fifteen second computer search. Sequencing has also become far less laborious. The ability of scientists to rapidly sequence DNA has resulted in an explosion of discoveries of DNA sequences--both meaningful and meaningless scientifically--that, in turn, has caused a deluge of patent applications claiming DNA sequences and the proteins and other biochemicals for which these sequences code.

Author : Office of Technology Assessment,United States Congress
Publisher : Unknown
Page : 204 pages
File Size : 41,9 Mb
Release : 2006-08-01
Category : Law
ISBN : 1410225674

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Patenting Life by Office of Technology Assessment,United States Congress Pdf

Since the discovery of recombinant DNA technology in the early 1970s, biotechnology has become an essential tool for many researchers and industries. The potential of biotechnology has spurred the creative genius of inventors seeking to improve the Nation's health, food supply, and environment. In 1980, the Supreme Court ruled that a living micro-organism could be patented. Subsequently, the U. S. Patent and Trademark Office held that certain types of plant and animal life constituted patentable subject matter. This special report, prepared by the Office of Technology Assessment of the United States Congress under, reviews U. S. patent law as it relates to the patentability of micro-organisms, cells, plants, and animals; as well as specific areas of concern, including deposit requirements and international considerations. The report includes a range of options for congressional action related to the patenting of animals, intellectual property protection for plants, and enablement of patents involving biological material.

Author : Bevis Fedder
Publisher : GRIN Verlag
Page : 38 pages
File Size : 54,9 Mb
Release : 2009
Category : Electronic
ISBN : 9783640247943

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Marine Biotechnology and Patents by Bevis Fedder Pdf

Essay from the year 2008 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1, University of Bremen, course: Seminar, 54 entries in the bibliography, language: English, abstract: Major industries relating to inventions in marine biotechnology increasingly apply for patents. Most patents are applied for inventions that are derived from terrestrial biotechnology. However, it is recognized that marine biotechnology offers a high potential to yield inventions as well. Marine biotechnology can be divided into two main areas. First, development of commercially viable drugs obtained from marine bioprospecting and, second, development of marine genetically modified organisms for aquacultural and environmental purposes. A patent means intellectual protection for an invention. Intellectual protection confers the exclusive right upon the patent holder to sell the right of utilization of the invention to interested parties. The selling of licenses provide one important way of receiving revenues for the research done for the invention. The prospect of potential revenues provide the incentive for investment into biotechnological research and subsequent patenting of inventions arising thereof. The overall aim of this work is to illustrate the close interrelationship of science and law by using marine biotechnology and patents as an example. Section two provides an overview on the scientific side of marine biotechnology. It will define marine biotechnology and investigate current advancements in marine biotechnology. Additionally, it roughly explains the international patent system governing inventions in the biotechnological area and provide examples on patents related to marine biotechnology. Section three illustrates the criticism expressed against life form patents in marine as well as terrestrial biotechnology. It will describe the most important cases that have fueled controversial debates on life form patents until today. [...]

Author : Sigrid Sterckx
Publisher : Routledge
Page : 291 pages
File Size : 47,7 Mb
Release : 2017-11-01
Category : Social Science
ISBN : 9781351744218

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Biotechnology, Patents and Morality by Sigrid Sterckx Pdf

This title was first published in 2000. This work documents an international and interdisciplinary workshop on the ethical aspects of the patenting of biotechnological inventions, including genes, plants and animals. The public perception is discussed, along with how these perceptions relate to ethical, social and cultural factors. The legal framework in Europe is laid out by several experts in the field of patent law and the situation in the US is also briefly described. This edition also includes a general discussion of three important theories called upon to justify the patent system: the natural rights argument; the distributive justice argument; and the utilitarian argument. The chapter about the European Directive on the legal protection of biotechnological inventions has been updated. A selection of provisions from the August 1997 draft as well as the final text of the Directive, as adopted on 12 May, 1998, are discussed and commented upon. The patent provisions of the TRIP's Agreement (the Agreement on Trade Related aspects of Intellectual Property rights, concluded in 1994 as an Annex to the Agreement Establishing the World Trade Organization) are also discussed and criticized, paying particular attention to the implications for biotechnology patents. Finally, the question is asked whether the developing countries stand to gain anything from TRIPs. A look at the results of empirical research, conducted by commentators on the economics of patenting, reveals that the new patent regime may prove to entail significant costs for the developing countries. This second edition also contains material on the EU Directive on biotechnology patents adopted in May 1998, justificatory theories of the patent system and the TRIP's agreement on Trade Related aspects of Intellectual Property rights, concluded in the GATT (WTO) framework.

Author : Johanna Gibson
Publisher : Routledge
Page : 212 pages
File Size : 46,6 Mb
Release : 2016-05-13
Category : Law
ISBN : 9781317083351

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Patenting Lives by Johanna Gibson Pdf

Patenting Lives includes contributions from various interests and perspectives, both in the context of current international developments in life patents and the global agenda of harmonization of international intellectual property. The book is divided into five sections reflecting the critical issues arising from patents and biotechnology - Context; Human Rights and Ethical Frameworks; Medicine and Public Health; Traditional Knowledge; and Agriculture. The international contributors from government, civil society, academia and the private sector provide diverse perspectives on life patents and the facilitation of social, cultural and economic development in the context of international principles of trade.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 42,6 Mb
Release : 2024-06-16
Category : Electronic
ISBN : 9789814470582

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Intellectual Property Rights and the Life Science Industries by Anonim Pdf

Author : S.A. Bent
Publisher : Springer
Page : 659 pages
File Size : 46,9 Mb
Release : 1987-06-18
Category : Science
ISBN : 9781349080090

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Intellectual Property Rights in Biotechnology Worldwide by S.A. Bent Pdf