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Author : Kalyan C. Kankanala
Publisher : Manupatra
Page : 232 pages
File Size : 51,6 Mb
Release : 2007
Category : Biotechnology
ISBN : 9788189542269
The ambiguity and uncertainty inherent in the field ofgenetic science poses challenges in the application oftraditional patent principles to genetic inventions. Thisbook unravels the complex doctrines of Patent Law.
Author : OECD
Publisher : OECD Publishing
Page : 112 pages
File Size : 54,7 Mb
Release : 2003-01-21
Category : Electronic
ISBN : 9789264034730
Few topics in the life sciences today provoke as much debate as the availability of patent protection on "genetic inventions". Some hold that protection is essential to encourage innovation and development of new products. Others argue that patents ...
Author : Andreas Hübel,Thilo Schmelcher,Ulrich Storz
Publisher : Springer Science & Business Media
Page : 53 pages
File Size : 41,7 Mb
Release : 2012-01-05
Category : Science
ISBN : 9783642248450
Patents protecting biotechnological invention are becoming ever more important. Because biotechnology has many differences with respect to other technologies, lessons learned in other fields of technology cannot simply be transferred to adopt a suitable strategy for dealing with biotechnology inventions. In this volume, general aspects of biopatent law will be discussed. This involves questions of patentability, including ethical issues and issues of technicality, as well as questions of patent exhaustion in cases were reproducible subject matter, like cells or seeds, is protected. Moreover, active and passive patent strategies are addressed. Further, insight will be given into patent lifetime management and additional protective measures, like supplementary protection certificates and data exclusivity. Here, strategies are discussed how market exclusivity can be extended as long as possible, which is particularly important for biopharmaceutical drugs, which create high R&D costs.
Author : National Research Council,Policy and Global Affairs,Committee on Science, Technology, and Law,Board on Science, Technology, and Economic Policy,Committee on Intellectual Property Rights in Genomic and Protein Research and Innovation
Publisher : National Academies Press
Page : 188 pages
File Size : 45,8 Mb
Release : 2006-03-09
Category : Science
ISBN : 9780309164887
The patenting and licensing of human genetic material and proteins represents an extension of intellectual property (IP) rights to naturally occurring biological material and scientific information, much of it well upstream of drugs and other disease therapies. This report concludes that IP restrictions rarely impose significant burdens on biomedical research, but there are reasons to be apprehensive about their future impact on scientific advances in this area. The report recommends 13 actions that policy-makers, courts, universities, and health and patent officials should take to prevent the increasingly complex web of IP protections from getting in the way of potential breakthroughs in genomic and proteomic research. It endorses the National Institutes of Health guidelines for technology licensing, data sharing, and research material exchanges and says that oversight of compliance should be strengthened. It recommends enactment of a statutory exception from infringement liability for research on a patented invention and raising the bar somewhat to qualify for a patent on upstream research discoveries in biotechnology. With respect to genetic diagnostic tests to detect patient mutations associated with certain diseases, the report urges patent holders to allow others to perform the tests for purposes of verifying the results.
Author : World Intellectual Property Organization
Publisher : WIPO
Page : 56 pages
File Size : 42,9 Mb
Release : 2020-07-08
Category : Law
ISBN : 9789280525878
General information on the interface between intellectual property (IP) and traditional knowledge (TK), traditional cultural expressions (TCEs), and genetic resources (GRs). It briefly addresses the most important questions that arise when considering the role that IP principles and systems can play in protecting TK and TCEs from misappropriation, and in generating and equitably sharing benefits from their commercialization, and the role of IP in access to and benefit sharing in GRs.
Author : National Research Council,Policy and Global Affairs,Office of International Affairs
Publisher : National Academies Press
Page : 457 pages
File Size : 52,9 Mb
Release : 1993-02-01
Category : Political Science
ISBN : 9780309048330
As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
Author : Australia. Law Reform Commission,Australian Law Reform Commission
Publisher : Virago Press
Page : 690 pages
File Size : 52,5 Mb
Release : 2004
Category : Genes
ISBN : STANFORD:36105063265081
Report of an inquiry concerned with two broad issues: the patenting of genetic materials and technologies, and the exploitation of these patents and the distinction that can and possibly should be made between discoveries and inventions when referring to claims over genetic sequences.
Author : D.R. Cahoy
Publisher : Edward Elgar Publishing
Page : 257 pages
File Size : 52,8 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781781007853
'Daniel Cahoy and Lynda Oswald have brought together some of the country's most prominent patent scholars outside the legal discipline. From the LeahySmith America Invents Act to recent court cases from the Supreme Court and the Federal Circuit, this timely, informative and well-edited volume examines the latest changes in US patent law and their impact on business strategy. The book is a must-read for anybody who wants to learn more deeply about the ever-increasing role of patents in the business environment.' Peter K. Yu, Drake University Law School, US Within the complex global economy, patents function as indispensable tools for fostering and protecting innovation. This fascinating volume offers a comprehensive perspective on the US patent system, detailing its many uses and outlining several critical legislative, administrative and judicial reforms that impact business strategy. The expert contributors to this book provide an overview of how the US patent system functions today and describe how recent changes affect firms and individual inventors. Topics discussed include the drivers of intellectual property policy; recent revisions to the patent application process in terms of the new first-to-file regime, inequitable conduct, and allowable subject matter; and changes to patent enforcement and infringement related to the Federal Circuit's special role and post-grant review. Contributors address recent legislation such as the 2011 America Invents Act, which enacted some of the most significant patent reforms in decades. This examination of the US patent system highlights some of the most important issues for business. It will serve as an important tool for both policymakers and business leaders, and will also interest students and professors of business and management studies, innovation studies and business law.
Author : Arnold & Porter Kaye Scholer Llp
Publisher : Unknown
Page : 1204 pages
File Size : 41,7 Mb
Release : 2019-06-07
Category : Bioethics
ISBN : 1402431384
Pharmaceutical and Biotech Patent Law provides you with the legal, scientific, and technical information you need to help clients obtain, defend, and challenge patents in these important business areas. This practical guide shows you how to craft problem-free patent applications, including how to partner with the government to bring patented inventions quickly to the marketplace - invalidate competitors' patents by proving that they fail to meet key requirements - protect against various forms of patent infringement - and successfully rebut charges of infringement. It includes detailed checklists that help you resolve thorny patent problems in the complex pharmaceutical and biotech fields, and is regularly updated to reflect Federal Circuit rulings and other significant court decisions.
Author : OECD
Publisher : OECD Publishing
Page : 326 pages
File Size : 40,6 Mb
Release : 2009-04-15
Category : Electronic
ISBN : 9789264056886
Describes the current status of biotechnologies and, using quantitative analyses of data, it estimates biotechnological developments to 2015. Using other inputs, it creates scenarios to 2030.
Author : Kshitij Kumar Singh
Publisher : Springer
Page : 254 pages
File Size : 41,6 Mb
Release : 2014-10-27
Category : Law
ISBN : 9788132220596
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 : Gustavo Ghidini
Publisher : Edward Elgar Publishing
Page : 432 pages
File Size : 44,6 Mb
Release : 2018-01-26
Category : Law
ISBN : 9781783478019
Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.
Author : H. Jackson Knight
Publisher : John Wiley & Sons
Page : 258 pages
File Size : 41,9 Mb
Release : 2013-02-11
Category : Law
ISBN : 9780470057759
As individuals and companies realise the importance of their inventions, issues surrounding patent laws and practices are taking centre stage around the world. Patent Strategy introduces researchers to patent applications and patent portfolios. With minimum use of ‘legal jargon’ it provides the technical professional with the assistance and advice they require to understand the legal complexities that they may encounter before and during a patent application. It also discusses the responsibilities of the researcher after patent applications have been filed and the role the researcher can play in the maintenance of a global patent estate. This updated edition of the best selling book has been expanded to keep pace with modern day movements and addresses the global issue surrounding intellectual property. Including new information on areas such as software and biotechnology it shows the techniques that can be used by individuals and academic inventors to protect their work and is the ideal reference source. Bridges the gap between the legal system and scientific research and avoids legal jargon Details the reasons behind patents, their importance and relevance to all researchers and the strategy needed for filing for a patent Focuses on the strategy and reasons rather than just being a textbook of patent law Presents an overview of tools a researcher can use while working with a patent attorney or agent Adopts a readable style that explains the basics right up to developing a strategy Essential reading for all those who wish to keep pace and protect their work Reviews from previous edition: "...I can recommend it for technology managing types. Does a nice job of explaining many aspects of the patent system and patent strategies with a minimum of jargon and case citations..." —Internet Patent News "...provides an enlightened approach to a complex subject. It is relatively easy to read and follow..." — Polymers Paint and Colour Journal "This handy book provides the researcher with useful guidance on how to maximize the benefit of their inventiveness to themselves and their organization". —Journal of Chemical Technology and Biotechnology
Author : Arezzo, E. Ghidini, G.,Gustavo Ghidini
Publisher : Edward Elgar Publishing
Page : 361 pages
File Size : 42,9 Mb
Release : 2011
Category : Law
ISBN : 9780857938039
'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 : Nuffield Council on Bioethics
Publisher : Unknown
Page : 132 pages
File Size : 46,7 Mb
Release : 2002
Category : Bioethics
ISBN : STANFORD:36105112803304
This paper questions whether the application of the patent system to DNA sequences achieves its goals of stimulating innovation for the public good and rewarding people for useful new inventions. Even if DNA sequences are considered eligible for patenting, they must also be novel, inventive, and useful. The application of these criteria has not been stringently applied. In future, patents asserting rights over DNA sequences should become the exception rather than the norm.
