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Biotechnology Patents And Human Rights In Europe
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Book Synopsis Biotechnology, Patents and Human Rights in Europe by : Helena Żakowska-Henzler
Download or read book Biotechnology, Patents and Human Rights in Europe written by Helena Żakowska-Henzler and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book explores the complex interplay between intellectual property for biotechnological innovations and human rights. Examining the clash between the drive to incentivise innovations that can fulfil human needs and the desire to grant global access to healthcare technologies, it presents thoughtful solutions to the challenges of protecting the human rights of all parties impacted by biotechnological patents and other relevant IP rights.
Book Synopsis The International Law of Biotechnology by : Matthias Herdegen
Download or read book The International Law of Biotechnology written by Matthias Herdegen and published by Edward Elgar Publishing. This book was released on with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biotechnology is a field that inspires complex legal and ethical debates on an international scale. Taking a fresh approach to the subject, Matthias Herdegen provides a comprehensive assessment of the regulation of biotechnology processes and products from an international and comparative perspective.
Book Synopsis Biotechnological Inventions and Patentability of Life by : Andrea Stazi
Download or read book Biotechnological Inventions and Patentability of Life written by Andrea Stazi and published by Edward Elgar Publishing. This book was released on 2015-05-29 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In todayês technological world, biotechnology is one of the most innovative and highly invested-in industries for research, in the field of science. This book analyses the forms and limitations of patent protection recognition for biotechnological inve
Book Synopsis Biotech Innovations and Fundamental Rights by : Roberto Bin
Download or read book Biotech Innovations and Fundamental Rights written by Roberto Bin and published by Springer Science & Business Media. This book was released on 2012-05-13 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biotechnology is a recognized research area that has increasingly advanced into new technologies and modern practices raising several legal, ethical and regulatory issues. The revolutionary speed of biotech innovations has had a significant impact on the protection of the rights of the individual. Fundamental rights provide a framework within which the justification of limitations and restrictions to biotechnology innovations and research results have to be assessed. The legal regulation of scientific research and scientific investigations impact more and more directly on the freedom of research and therapies as well as on the broad diffusion of knowledge. Closely related is also the debated question of the technological manipulation of life and the boundary of scientific knowledge with regard to the topical question of genetic invention patents and their side effects on access to scientific information and health care opportunities. Drawing on expertise from different disciplines, the volume comprises invited papers and plenary presentations given at the conference entitled “Biotech Innovations & Fundamental Rights” that took place on Januray 20-21 2011 at the Department of Juridical Sciences of the University of Ferrara. Each contribution covers a different aspect of the legal and scientific issues involved in regulation of biotechnology. In particular the focus of attention has been given to genetic research, genetic data, freedom of scientific research in genetics and biotech patents.
Book Synopsis Patents, Human Rights and Access to Science by : Aurora Plomer
Download or read book Patents, Human Rights and Access to Science written by Aurora Plomer and published by Edward Elgar Publishing. This book was released on 2015-10-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new millennium has been described as ‘the century of biology’, but scientific progress and access to medicines has been marred by global disputes over ownership of the science by universities and private companies. This book examines the challenges posed by the modern patent system to the right of everyone to access the benefits of science in international law. Aurora Plomer retraces the genesis and evolution of the key Articles in the UN system (Article 27 UDHR and Article 15 ICESCR). She combines the historiography of these Articles with a novel perspective on the moral foundations of rights of access to science to draw out implications for today’s controversies on patents in the life-sciences. The analysis suggests that access to science as a fundamental right requires both freedom from political and religious interference and the existence of enabling research institutions and educational facilities which promote the flow of knowledge through transparent and open structures. From this perspective, the global patent system is shown to fail spectacularly when it comes to the human rights ideal of universal access to science. The book concludes that a fundamental restructuring of patent institutions is required, in which democratic oversight of patent policies would ensure meaningful realization of the right of everyone to access the benefits of science. Students and scholars of international law, particularly those focusing on intellectual property and human rights, will find this book to be of considerable interest. It will also be of use to practitioners in the field.
Book Synopsis Biotechnology and Intellectual Property Rights by : Kshitij Kumar Singh
Download or read book Biotechnology and Intellectual Property Rights written by Kshitij Kumar Singh and published by Springer. This book was released on 2014-10-27 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Impact of Science and Technology on the Rights of the Individual by : Nicola Lucchi
Download or read book The Impact of Science and Technology on the Rights of the Individual written by Nicola Lucchi and published by Springer. This book was released on 2016-06-14 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume is devoted to the relevant problems in the legal sphere, created and generated by recent advances in science and technology. In particular, it investigates a series of cutting-edge contemporary and controversial case-studies where scientific and technological issues intersect with individual legal rights. The book addresses challenging topics at the intersection of communication technologies and biotech innovations such as freedom of expression, right to health, knowledge production, Internet content regulation, accessibility and freedom of scientific research.
Book Synopsis Biotech Patents:Equivalency and Exclusions Under European and U. S. Patent Law by : Li Westerlund
Download or read book Biotech Patents:Equivalency and Exclusions Under European and U. S. Patent Law written by Li Westerlund and published by Springer. This book was released on 2002-08-29 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: An academic work, this volume examines patent and intellectual property laws with reference to the biotechnical industries in both Europe and the United States.
Book Synopsis Biotechnology, Patents and Morality by : Maureen O'Sullivan
Download or read book Biotechnology, Patents and Morality written by Maureen O'Sullivan and published by Routledge. This book was released on 2019-06-19 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critiques the decision-making process in Article 53(a) of the European Patent Convention. To date, such decisions have been taken at high levels of expertise without much public involvement. The book eschews traditional solutions, such as those found within legislative, judicial and patent office realms and instead develops a radical blueprint for how these decisions can be put to the public. By examining wide-scale models of participatory democracy and deliberation, this book fills a significant gap in the literature. It will be invaluable for patent lawyers, academics, practitioners and intellectual property and patent officials.
Book Synopsis Biotechnology, Patents and Morality by : Sigrid Sterckx
Download or read book Biotechnology, Patents and Morality written by Sigrid Sterckx and published by Routledge. This book was released on 2017-11-01 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Biotechnological Inventions: Moral Restraints and Patent Law by : Oliver Mills
Download or read book Biotechnological Inventions: Moral Restraints and Patent Law written by Oliver Mills and published by Routledge. This book was released on 2018-01-18 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 this debate focuses on the role of moral considerations in the patent system as a form of regulation. This book examines this role and asks why in the context of biotechnological inventions morality has become an important issue. The origin, policy and legislative history of patent law in both the United States and member countries of the European Union is examined, with particular reference to the provisions relating to morality. Examining specific 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.
Book Synopsis Intellectual Property Rights and the Life Science Industries by : Graham Dutfield
Download or read book Intellectual Property Rights and the Life Science Industries written by Graham Dutfield and published by World Scientific. This book was released on 2009 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Biopatent Law: Patent Strategies and Patent Management by : Andreas Hübel
Download or read book Biopatent Law: Patent Strategies and Patent Management written by Andreas Hübel and published by Springer Science & Business Media. This book was released on 2012-01-05 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Regulatory Challenge of Biotechnology by : Han Somsen
Download or read book The Regulatory Challenge of Biotechnology written by Han Somsen and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . 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.
Book Synopsis Intellectual Property and Biodiversity by : Michelangelo Temmerman
Download or read book Intellectual Property and Biodiversity written by Michelangelo Temmerman and published by Kluwer Law International B.V.. This book was released on 2011-12-12 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biotechnology is at the heart of heated debates about ethics, safety, economic development, and about the control over the biological materials and technologies used. The latter, grossly called biodiversity issues relating to the application of intellectual property, has been the subject of a wealth of literature. Yet, the situation of animal genetic resources specifically has only marginally been addressed so far. Many books and articles address ‘biotechnology and agriculture’, but have only plants and seeds in mind. Case-law and specific regulation is equally scarce. Exacerbated by the so-called ‘erosion of animal genetic resources’, climate change, the globalization of the market-place, and a strong concentration of markets, animal genetic resources however demand specific analysis and adjustments in intellectual property law. The decoupling of rights over animal genetic resources as an abstract concept, from those over the concrete animals is a fact today. The application of patents in this context became a full-fledged part of the management of animal genetic resources. This monograph analyzes against this background the impact of the patent system on ownership traditions in agriculture, on animal welfare, and on biodiversity. It looks at how those factors in turn are likely to affect the shape of patent law, and how they should affect it. The author hereby focuses on important specific issues arising, including the following: the underlying elements deciding on the shape of regulation – innovation, economic development, agriculture, human rights, animal welfare, the conservation of resources, and equal trading conditions; the continuing applicability of trademarks, geographical indications, copyright, and trade secrets; patentability rules and exclusions; the extension of patent rights over progeny; the meaning of ‘essentially biotechnological processes’; the legal definitions of ‘morality’ and ‘ordre public’ in the context of animal welfare; and the future of international patent law in the context of global governance theories. With detailed investigation of how three major jurisdictions – the European Union, the United States, and Canada – have regulated the matter, the book highlights unresolved issues in the laws dealing with animal genetic resources. How do the usual principles of patent law affect ownership over animals in agriculture? To what extent is patent law in accordance with neighbouring fields of regulation, with relation to animal welfare? How can intellectual property be used to alter, stimulate, or tackle developments in the realm of the conservation and promotion of biodiversity? Questions like these are asked, checked upon the more technical country studies; and then used to put to test the adequacy of international patent regulation in a final chapter. As a deeply informed overview of the arguments and discussion points, this is the only book of its kind. It links general discussions to the often technical and complicated patent regulations, in the specific context of animal genetic resources. It is sure to bring lawyers in the field closer to the policy debates; and decision makers closer to the precise idiosyncrasies of patent law.
Book Synopsis Intellectual Property Rights and the Life Science Industries by :
Download or read book Intellectual Property Rights and the Life Science Industries written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The European Patent Office's Case Law on the Patentability of Biotechnology Inventions by : Hans-Rainer Jaenichen
Download or read book The European Patent Office's Case Law on the Patentability of Biotechnology Inventions written by Hans-Rainer Jaenichen and published by . This book was released on 1997 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt:
