Search results for: intellectual-property-and-biotechnology

Intellectual Property and Biotechnology

Author : Matthew Rimmer
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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.

The Role of Intellectual Property Rights in Biotechnology Innovation

Author : David Castle
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. . . recommended to anyone interested in the thrilling subject of the relationship of IPRs and innovation. Ralf Uhrich, Journal of Intellectual Property This is an outstanding piece of scholarship. It will serve as a powerful stimulant for new research in the field and as a reliable guide for practitioners. Calestous Juma, Harvard University, US Intellectual property rights (IPRs), particularly patents, occupy a prominent position in innovation systems, but to what extent they support or hinder innovation is widely disputed. Through the lens of biotechnology, this book delves deeply into the main issues at the crossroads of innovation and IPRs to evaluate claims of the positive and negative impacts of IPRs on innovation. An international group of scholars from a range of disciplines economic geography, health law, business, philosophy, history, public health, management examine how IPRs actually operate in innovation systems, not just from the perspective of theory but grounded in their global, regional, national, current and historical contexts. In so doing, the contributors seek to uncover and move beyond deeply held assumptions about the role of IPRs in innovation systems. Scholars and students interested in innovation, science and technology policy, intellectual property rights and technology transfer will find this volume of great interest. The findings will also be of value to decision makers in science and technology policy and managers of intellectual property in biotechnology and venture capital firms.

Intellectual Property Rights in Agricultural Biotechnology

Author : Frederic H. Erbisch
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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

Biodiversity and the Law

Author : Charles R. McManis
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How do we promote global economic development, while simultaneously preserving local biological and cultural diversity? This authoritative volume, written by leading legal experts and biological and social scientists from around the world, addresses this question in all of its complexity. The first part of the book focuses on biodiversity and examines what we are losing, why and what is to be done. The second part addresses biotechnology and looks at whether it is part of the solution or part of the problem, or perhaps both. The third section examines traditional knowledge, explains what it is and how, if at all, it should be protected. The fourth and final part looks at ethnobotany and bioprospecting and offers practical lessons from the vast and diverse experiences of the contributors.

Agriculture and Intellectual Property Rights

Author : V. Santaniello
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Plant breeding patents, the ownership to biological innovation and associated intellectual property rights (IPR), are the subject of increased attention worldwide. They are particularly relevant in the field of agricultural biotechnology. They are affecting public and private sector organisations and companies, and are significant for developing as well as developed countries. These issues have until recently evoked little policy analysis. This book presents the perspectives of policy-makers and economists on such issues and includes discussions of public research and property rights, implications for developing countries, IPR of wild genetic resources and IPR under the Convention of Biological Diversity, among others.

Biotechnology and Intellectual Property Rights

Author : Kshitij Kumar Singh
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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.

Intellectual Property and Biotechnology

Author : Clarissa Allen
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Governments in North America and Europe have been using patents as a public policy tool to encourage the invention of health-related biotechnologies since the 1980. In recent decades however there has been a number of controversies related to patenting in biotechnology. Commentators are concerned that patents may be having a detrimental effect on innovation of and access to health-related products and processes. While empirical evidence that has been collected to date in relation to these concerns remains inconclusive, the debate may be clarified through the articulation of the rights and responsibilities that are at stake. The scope and content of a human right to healthcare are ultimately society-dependent, but its articulation can clarify whether instrumental property rights granted to inventors are interfering with this right in an unacceptable way. Intellectual property rights in health-related biotechnologies cannot be justified from a theoretical perspective, and so more definitive empirical data elucidating the role that patents play in regards to innovation and dissemination of health- related biotechnology is needed.

Intellectual Property Rights in Biotechnology Worldwide

Author : S.A. Bent
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Biotechnology and Software Patent Law

Author : Arezzo, E. Ghidini, G.
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'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.

Proteins Patents and Progress

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Imitation to Innovation in China

Author : Yahong Li
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'Yahong Li's pioneering study, Imitation to Innovation in China, breaks new ground in closely examining the extent to which the Chinese government's patent policies and patent activity by Chinese firms are influencing China's coming transformation from an imitation-oriented country to an innovation-oriented one. Her combination of theoretical and empirical approaches exploring the links between public policy, patenting activity and technological innovation (commercialization) is an important contribution to development studies, not just for China but for other newly innovative countries as well.' - William O. Hennessey, Franklin Pierce Law Center, US

Intellectual Property Issues

Author : Ulrich Storz
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SpringerBriefs in Biotech Patents present timely reports of intellectual properties (IP) issues and patent aspects in the field of biotechnology. This new volume in the series focuses on the particular IP issues of therapeutics, vaccines and molecular diagnostics. The first chapter concentrates on basics principles for protecting antibody compounds. Additional ways to create follow-up protection for antibody therapeutics are also discussed. The second chapter gives an overview of the patent landscape in molecular diagnostics, and discusses issues of patentability with respect to the different technologies and compounds used therein. The third chapter gives a broad overview of areas of law that are particularly relevant to the patenting of peptide vaccines and therapeutic peptides as products and in compositions. The scope of patentable subject matter is discussed, as it has been the focus of much wrangling and debate in the courts.

Intellectual Property Rights in Frontier Industries

Author : Robert William Hahn
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In this volume, leading scholars tackle the debate over intellectual property rights in high-technology industries and express their views on how to improve the current system.

Understanding Biotechnology Law

Author : Gale R. Peterson
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Detailing the intellectual-property aspects of biotechnology law - from initial identification and reporting through licensing - this comprehensive reference explains the rules, regulations and procedures typically encountered by researchers in the development of their innovations.;Focusing on the fundamental legal concepts that should be understood by scientists, academicians and technicians working in the field, Understanding Biotechnology Law: considers the role of the inventor in the preparation of a patent application; describes the patent application process from discovery of an invention to issuance of a patent; discusses the law governing ownership of laboratory discoveries and products; examines intellectual-property policies, research agreements, consulting agreements, and conflicts of interest; presents the rules for determining inventorship; reviews patent infringement laws, including claim interpretation, literal infringement, and infringement under the doctrine of equivalents; and outlines modern license agreements, providing the principal terms encountered in biotechnology licenses.;Written by authorities in the field, Understanding Biotechnology Law is a reference for molecular and cell biologists, microbiologists, virologists, bioprocess technologists, biochemists, food scientists and technologists, pharmacologists, and pharmacists.

Agriculture And Intellectual Property Rights Economic Insititutional And Implementation Issues In Biotechnology

Author : V. Santaniello Et Al.
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Plant Breeding Patents, The Ownership Of Biological Innovation And Associated Intellectual Property Rights (Ipr) Are The Subject Of Increased Attention Worldwide. They Are Particularly Relevant In The Field Of Agricultural Biotechnology. They Are Affecting Public And Private Sector Organizations And Companies, And Are Significant For Developing As Well As Developed Countries. These Issues Have Until Recently Evoked Little Policy Analysis. This Book Presents The Perspectives Of Policy-Makers And Economists On Such Issues.

Intellectual Property Law and Biotechnology

Author : Kiyoshi Yamashita
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Intellectual Property and Biotechnology

Author :
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The Role of Intellectual Property Rights in Biotechnology Transfer Under the Convention on Biological Diversity

Author : William H. Lesser
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Intellectual Property Rights in Biotechnology Worldwide

Author : Stephen A. Bent
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This reference contains a nation-by-nation analysis of pertinent case law, statutes, and regulations for all countries with a significant market for biotechnology products, as well an examination of relevant international treaties. Emphasis is placed on how legal principles differ from country to country.

Modern Intellectual Property Law

Author : Jonathan Galloway
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Modern Intellectual Property Law combines coverage of each intellectual property right granted for creations of the mind into a thoughtful, unified textbook. Deconstructing the fundamental topics into short, clear sections separated by subheadings throughout, Colston and Galloway's text is the ideal student companion to this intriguing area of the law. This third edition has been completely revised to bring it up to date with the latest debate and changes to the law. All significant recent developments are covered including the continuing controversy over patents for computer-implemented inventions and biotechnological inventions, the House of Lords' developments of patent law, the ECJ jurisprudence relating to trade mark dilution and comparative advertising, as well as the database right, and international efforts to reconcile copyright with peer-to-peer file sharing. This text also discusses the ongoing effort to achieve an appropriate balance between intellectual property and competition law in order to protect market competition while retaining key incentives to drive the process of innovation. Written for students, this accessible and comprehensive textbook provides the perfect starting point for anyone studying intellectual property law in the UK.