Biotechnology Patenting Issues
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Biotechnology And Intellectual Property Rights
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Author : Kshitij Kumar Singh
language : en
Publisher: Springer
Release Date : 2014-10-27
Biotechnology And Intellectual Property Rights written by Kshitij Kumar Singh and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-27 with Law categories.
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.
Biotechnology Patenting Issues
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Author :
language : en
Publisher:
Release Date : 1996
Biotechnology Patenting Issues written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Biotechnology categories.
Biotechnology Patenting Issues
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Author : Robert D. Warmbrodt
language : en
Publisher:
Release Date : 1992
Biotechnology Patenting Issues written by Robert D. Warmbrodt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Biotechnology categories.
Biotechnology Patenting Issues
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Author : Suzanne Nanis
language : en
Publisher:
Release Date : 1990
Biotechnology Patenting Issues written by Suzanne Nanis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Biotechnology categories.
Biotechnology Patenting Issues
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Author : Lara Wiggert
language : en
Publisher:
Release Date : 1993
Biotechnology Patenting Issues written by Lara Wiggert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Biotechnology categories.
Biopatent Law Patent Strategies And Patent Management
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Author : Andreas Hübel
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-01-05
Biopatent Law Patent Strategies And Patent Management written by Andreas Hübel and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-05 with Science categories.
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.
Biotechnological Inventions
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Author : Oliver Mills
language : en
Publisher: Routledge
Release Date : 2016-04-15
Biotechnological Inventions written by Oliver Mills and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Law categories.
Advances in modern biotechnology have produced profound and far-reaching implications for the relationship between humans, animals and the environment. As a result, a debate has arisen surrounding the legal, moral and social problems connected with this technology, a central part of the debate focusing on the role of moral considerations in the patent system as a form of regulation. This fully revised and updated book examines this role and asks why in the context of biotechnological inventions, morality has become an important issue. It takes account of recent developments, including reference to the situation in Australia. By examining such specific recent cases, the author elucidates the moral concerns associated with modern biotechnology, thus providing an important contribution to the debate and a valuable resource for all those working in this exciting field.
The Patentability Of Synthetic Biology Inventions
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Author : Ilaria de Lisa
language : en
Publisher: Springer Nature
Release Date : 2020-09-29
The Patentability Of Synthetic Biology Inventions written by Ilaria de Lisa and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-29 with Law categories.
This book addresses Synthetic Biology (SynBio), a new and promising biotechnology that has attracted much interest from both a scientific and a policy perspective. Yet, questions concerning the patentability of SynBio inventions have not been examined in detail so far; as a result, it remains unclear whether these inventions are patentable on the basis of current norms and case law. The book addresses this question, focusing especially on the subject matter’s eligibility and moral criteria. It provides an overview of the legislation and decisions applicable to SynBio patents and examines this new technology in view of the ongoing debate over the patentability of biotechnologies in general. The legal analysis is complemented by the practical examination of several patent applications submitted to the European and US patent offices (EPO and USPTO), and by an assessment of the patent issues that are likely to be raised by future SynBio developments.
Gene Cartels
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Author : Luigi Palombi
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009
Gene Cartels written by Luigi Palombi and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Science categories.
It s really excellent: an invaluable source of information and highly readable too. Sir John Sulston, University of Manchester, UK and Winner of the 2002 Nobel Prize in Physiology or Medicine . . . this is a book that every policymaker even remotely connected to issues of patents, economics, and biotech should read. This book is essential ammunition for those who oppose gene patenting, and lays out the legal case expertly. David Koepsell, Delft University of Technology, The Netherlands, reviewed in SCRIPTed The book is of interest to judges, patent attorneys and lawyers and policy-makers in this field. . . The first part is a fascinating and well researched historical study of patenting. . . The second part of the book is interesting and the author raises some very important points. . . a very valuable contribution to the debate of the scope of patent monopolies. David Rogers, Legal Member, Boards of Appeal, European Patent Office, Germany, reviewed in European Intellectual Property Review Gene Cartels is a truly magisterial and important book. It shows how we need to bring together the discrete threads around intellectual property law (ie patent, copyright, etc) so there can be a clear spotlight on the important public policy issues. Terry Cutler, Principal, Cutler & Company and Chair, Review of the National Innovation System, Australia . . . provides an estimable addition to a growing library of texts diagnosing the maladies of the existing IPR system and offering well attested cures. [It] demands the widest possible readership not just amongst the IPR community, but amongst economists and social scientists, policy officials in both developed and developing countries, and business people everywhere. John A. Mathews, LUISS Guido Carli University, Italy Gene Cartels is a valuable book for the scientist providing, in an elegantly scholarly style, deep insights into the origins, history, evolution and current status of patent systems. It also discloses features that can lead, in effect, to a misuse of power. From the foreword by Baruch S. Blumberg, Fox Chase Cancer Center, Philadelphia and University of Pennsylvania, US and Winner of the Nobel Prize in Physiology or Medicine 1976 Starting with the 13th century, this book explores how patents have been used as an economic protectionist tool, developing and evolving to the point where thousands of patents have been ultimately granted not over inventions, but over isolated or purified biological materials. DNA, invented by no man and once thought to be free to all men and reserved exclusively to none , has become cartelised in the hands of multinational corporations. The author questions whether the continuing grant of patents can be justified when they are now used to suppress, rather than promote, research and development in the life sciences. Luigi Palombi demonstrates that patents are about inventions and not isolated biological materials, which consequently have no bona fide purpose in the innovations of biotechnological science. This book will be important reading for anyone who has an interest in the role that patents have played in economic development particularly historians, economists and scientists. It will also be of great interest to law academics, lawyers, judges and policymakers.
An Examination Of The Issues Surrounding Biotechnology Patenting And Its Effect Upon Entrepreneurial Companies
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Author :
language : en
Publisher:
Release Date : 2000
An Examination Of The Issues Surrounding Biotechnology Patenting And Its Effect Upon Entrepreneurial Companies written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with categories.
The biotechnology industry is notable both for its heavy concentration of small businesses and its weighty research and development (R&D) expenditures. Given the small size and heavy expenses of many biotechnology firms, their ability to raise venture capital may be of some consequence. The patent law has been identified as a facilitator of these R&D financing efforts. Although many observers believe that the patent law plays a significant role in the biotechnology industry, two principal issues have arisen regarding biotechnology patenting. First, observers have fundamentally questioned whether patents should be granted for living inventions, genetic materials and other biotechnologies. Ethical issues, concerns that biotechnology patenting promotes animal suffering and decreases genetic diversity, as well as regard for the traditional agricultural community animate many of these objections. Supporters of biotechnology patenting counter that trade secret protection is a less attractive social alternative, observe that patents have long been granted for biotechnologies, and question whether the patent law is the appropriate vehicle for technology assessment. Commentators have also differed over the extent to which an inventor must show a specific, practical use for a biotechnology in order to be awarded a patent. Some observers favor a strict view of the utility requirement due to concerns over overlapping upstream patents that discourage research and commercialization. Others believe that the utility requirement should be applied leniently, stating that a strict view of utility will only lead to industry concentration and that biotechnology research tools cannot be meaningfully distinguished from other sorts of inventions. Congress may choose to exercise oversight on these issues. Such consideration would likely include examination of U.S. commitments in international agreements along with other factors.