Patenting The Recombinant Products Of Biotechnology And Other Molecules
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Patenting the Recombinant Products of Biotechnology and Other Molecules by Phillipe Ducor Pdf
The avenue consisting in lowering the non obviousness standard, chosen by the Federal Circuit in In re Deuel, is rejected in a detailed critic of the case. Several current examples of sui generis intellectual property rights are then described. A "no action" scenario is also examined, emphasizing that the rapid changes occurring in biotechnology might ultimately make the current problem obsolete. Finally, broader issues such as the growing secrecy in basic science are acknowledged, and linked to the disappearance of a clear distinction between basic and applied research.
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.
Intellectual Property and the Academic Community by National Academies Policy Advisory Group Pdf
Intellectual property has attracted growing and persistent attention. The academic community, as a major generator of intellectual property, has special interests in the subject. Thus, intellectual property was selected as an important topic worthy of thorough investigation by the National Academies Policy Advisory Group (NAPAG). This is the first major report of NAPAG.
The scientific scramble to discover the first generation of drugs created through genetic engineering. The biotech arena emerged in the 1970s and 1980s, when molecular biology, one of the fastest-moving areas of basic science in the twentieth century, met the business world. Gene Jockeys is a detailed study of the biotech projects that led to five of the first ten recombinant DNA drugs to be approved for medical use in the United States: human insulin, human growth hormone, alpha interferon, erythropoietin, and tissue plasminogen activator. Drawing on corporate documents obtained from patent litigation, as well as interviews with the ambitious biologists who called themselves gene jockeys, historian Nicolas Rasmussen chronicles the remarkable, and often secretive, work of the scientists who built a new domain between academia and the drug industry in the pursuit of intellectual rewards and big payouts. In contrast to some who critique the rise of biotechnology, Rasmussen contends that biotech was not a swindle, even if the public did pay a very high price for the development of what began as public scientific resources. Within the biotech enterprise, the work of corporate scientists went well beyond what biologists had already accomplished within universities, and it accelerated the medical use of the new drugs by several years. In his technically detailed and readable narrative, Rasmussen focuses on the visible and often heavy hands that construct and maintain the markets in public goods like science. He looks closely at how science follows money, and vice versa, as researchers respond to the pressures and potential rewards of commercially viable innovations. In biotechnology, many of those engaged in crafting markets for genetically engineered drugs were biologists themselves who were in fact trying to do science. This book captures that heady, fleeting moment when a biologist could expect to do great science through the private sector and be rewarded with both wealth and scientific acclaim.
The Regulatory Challenge of Biotechnology by Han Somsen Pdf
. . . a compilation of 12 invaluable contributions on this issue by internationally known experts in their respective fields. . . a valuable resource for academic professionals, policy makers and legislators, advocacy groups and scholars in legal and development studies. It is a storehouse of learning and practical knowledge for anyone interested in environmental policy, biosafety issues, biotechnology processes and associated regulatory constraints. Marcelin Tonye Mahop, Review of European Community and International Environmental Law For bioethicists, legal scholars and regulators struggling with what controls to place on biotechnology, this is required reading. John Avellanet, Journal of Commercial Biotechnology Biotechnology has prompted a revolution in science and society in the truest sense of the word. For what superficially appears to be a revolution in biotechnology, in effect touches upon the fundamentals of life and the way in which humans relate to it. This book will make a significant contribution to the debate surrounding the effective regulation of biotechnology. The contributing authors assess how regulatory regimes can accommodate the many different and often conflicting issues to which biotechnology is giving rise to (including a very tainted public image). The book s ultimate aim is to explore ways of designing a regulatory regime that takes heed of these different demands whilst, at the same time, answering to the imperatives of effectiveness and efficiency. The book synthesizes three fields of legal analysis; the first focuses on the risk-dominated regulation of GM food and bio-agriculture; the second involves human genetics as a field dominated by considerations of ethics. Finally, patent law has been chosen as an area captured by notions of property. With its holistic approach, The Regulatory Challenge of Biotechnology will be of great interest to academics, policymakers and regulators as well as biotechnology and law students.
This book brings together articles by leading international scholars from diverse disciplinary perspectives who focus on the legal, social and cultural dimensions of intellectual properties - including patents, copyrights, trademarks, trade secrets and rights of publicity. These articles employ a creatively eclectic approach to the study of intellectual property law and policy viewed through the lenses of traditional doctrinal analysis, historical perspectives, critical cultural study, and empirical examinations of intellectual property in action. The volume also directs critical attention to the significance of intellectual property in contemporary processes of globalization and political economy.
Information Feudalism by Peter Drahos,John Braithwaite Pdf
New intellectual property regimes are entrenching new inequalities. Access to information is fundamental to the exercise of human rights and marketplace competition, but patents are being used to lock up vital educational, software, genetic and other information, creating a global property order dominated by a multinational elite. How did intellectual property rules become part of the World Trade Organization's free trade agreements? How have these rules changed the knowledge game for international business? What are the consequences for the ownership of biotechnology and digital technology, and for all those who have to pay for what was once shared information? Based on extensive interviews with key players, this book tells the story of these profound transformations in information ownership. The authors argue that in the globalized information society, the rich have found new ways to rob the poor, and shows how intellectual property rights can be more democratically defined.
Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is a vexing issue. The phenomenon of appropriation of plants and TKUP, otherwise known as biopiracy, thrives in a cultural milieu where non-Western forms of knowledge are systemically marginalized and devalued as "folk knowledge" or characterized as inferior. Global Biopiracy rethinks the role of international law and legal concepts, the Western-based, Eurocentric patent systems of the world, and international agricultural research institutions as they affect legal ownership and control of plants and TKUP.
The Law and Strategy of Biotechnology Patents by Kenneth D. Sibley Pdf
The Law and Strategy of Biotechnology Patents is a compendium of articles that sets to address and unravel the complexities of the laws and issues that apply to biotechnology inventions. The purpose of the book is to explain patent law, with special emphasis on the central role of patent claims, statutory subject matter, novelty, non-obviousness, disclosure considerations, and operation of the judicial system in relation to patents. The text also unveils the extent to which biotechnology merges established law with new requirements. Lawyers, inventors, researchers, technology development and transfer agents, venture capitalists, investment bankers, entrepreneurs, and researchers will find this book an important source of information and knowledge.
Genetic Inventions, Intellectual Property Rights and Licensing Practices Evidence and Policies by OECD Pdf
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 ...
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
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 : 44,8 Mb Release : 2006-03-09 Category : Science ISBN : 9780309164887
Reaping the Benefits of Genomic and Proteomic Research by 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 Pdf
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.
Pharmaceutical Biotechnology offers students taking Pharmacy and related Medical and Pharmaceutical courses a comprehensive introduction to the fast-moving area of biopharmaceuticals. With a particular focus on the subject taken from a pharmaceutical perspective, initial chapters offer a broad introduction to protein science and recombinant DNA technology- key areas that underpin the whole subject. Subsequent chapters focus upon the development, production and analysis of these substances. Finally the book moves on to explore the science, biotechnology and medical applications of specific biotech products categories. These include not only protein-based substances but also nucleic acid and cell-based products. introduces essential principles underlining modern biotechnology- recombinant DNA technology and protein science an invaluable introduction to this fast-moving subject aimed specifically at pharmacy and medical students includes specific ‘product category chapters’ focusing on the pharmaceutical, medical and therapeutic properties of numerous biopharmaceutical products. entire chapter devoted to the principles of genetic engineering and how these drugs are developed. includes numerous relevant case studies to enhance student understanding no prior knowledge of protein structure is assumed
