Intellectual Property and Emerging Technologies

Intellectual Property and Emerging Technologies

Author: Matthew Rimmer

Publisher: Edward Elgar Publishing

Published: 2012-01-01

Total Pages: 499

ISBN-13: 1781001189

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This unique and comprehensive collection investigates the challenges posed to intellectual property by recent paradigm shifts in biology. It explores the legal ramifications of emerging technologies, such as genomics, synthetic biology, stem cell research, nanotechnology, and biodiscovery. Extensive contributions examine recent controversial court decisions in patent law such as Bilski v. Kappos, and the litigation over Myriad's patents in respect of BRCA1 and BRCA2 while other papers explore sui generis fields, such as access to genetic resources, plant breeders' rights, and traditional knowledge. The collection considers the potential and the risks of the new biology for global challenges such as access to health-care, the protection of the environment and biodiversity, climate change, and food security. It also considers Big Science projects such as biobanks, the 1000 Genomes Project, and the Doomsday Vault. The inter-disciplinary research brings together the work of scholars from Australia, Canada, Europe, the UK and the US and involves not only legal analysis of case law and policy developments, but also historical, comparative, sociological, and ethical methodologies. Intellectual Property and Emerging Technologies will appeal to policy-makers, legal practitioners, business managers, inventors, scientists and researchers.


Reaping the Benefits of Genomic and Proteomic Research

Reaping the Benefits of Genomic and Proteomic Research

Author: National Research Council

Publisher: National Academies Press

Published: 2006-04-09

Total Pages: 189

ISBN-13: 0309100674

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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.


Biotechnology and Intellectual Property Rights

Biotechnology and Intellectual Property Rights

Author: Kshitij Kumar Singh

Publisher: Springer

Published: 2014-10-27

Total Pages: 270

ISBN-13: 8132220595

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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 Rights and the Life Science Industries

Intellectual Property Rights and the Life Science Industries

Author: Graham Dutfield

Publisher: Routledge

Published: 2017-03-02

Total Pages: 301

ISBN-13: 1351927132

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This book analyses the history of the international patent regime and the life science industries, both of which can be traced back to the late 19th century. The development of patent law is inextricably linked to expanding capacities to elucidate, manipulate and commercially exploit the molecular properties of micro-organisms, plants, animals and other organic raw materials. The story of the life science industries begins with the European synthetic dyestuff firms and culminates in present-day conglomerates like Aventis, Novartis and Pharmacia. Throughout the last century, chemical, pharmaceutical, seed and biotechnology firms were actively involved in reforming patent law and plant variety rights. The major beneficiaries have been the largest firms whose market dominance and influence over peoples' lives - aided by friendly intellectual property laws - has never been greater. This sparkling and stimulating book reveals the key repercussions caused by the expansion of life science industries for issues of international equity, public health, food security and biological diversity.


The Intellectual Property Rights Regime and Scientific Practices

The Intellectual Property Rights Regime and Scientific Practices

Author: Sambit Mallick

Publisher: LAP Lambert Academic Publishing

Published: 2010

Total Pages: 216

ISBN-13: 9783838351773

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The Intellectual Property Rights regime has brought about a new set of interests, meanings, values, norms, etc. that have a potential to influence the practices of the scientific community in India. The research community in plant molecular biology, which is no exception to this, seems to be increasingly influenced by considerations of the potential of research for attaining patents. The study captures the emerging institutional framework of scientific research contingent upon the protocols of the IPRs and changing scientific practices. Attention is paid to the views of plant molecular biologists in India and the changing relationship between scientists and boundary organizations. This new regime is marked by the advent of the customer funder policymaker nexus as a prominent element in science forcing the plant molecular biologists to (re-)negotiate scientific boundaries. The commodification of science alters the idealized identities of its practitioners. The disciplines that can contribute to map different dimensions of the problem should collaborate to identify a shared perspective and suggest workable or deliverable solutions.


Intellectual Property Rights and the Life Science Industries

Intellectual Property Rights and the Life Science Industries

Author: Graham Dutfield

Publisher: World Scientific

Published: 2009

Total Pages: 429

ISBN-13: 9812832289

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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.


Patents in the Knowledge-Based Economy

Patents in the Knowledge-Based Economy

Author: National Research Council

Publisher: National Academies Press

Published: 2003-08-11

Total Pages: 352

ISBN-13: 0309167183

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This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.


Patenting Stem Cell Technologies

Patenting Stem Cell Technologies

Author: Antoinette F. Konski

Publisher: Biota Publishing

Published: 2013-03-06

Total Pages: 75

ISBN-13: 1615047433

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Are stem cells patentable? What is the patenting process? What rights does a patent provide? Why should I patent? Applying for and obtaining a patent is a process that can be unpredictable and intimidating, although it does not necessarily need to be. Novice and experienced inventors often have questions regarding patenting and the patenting process. This e-book is provided to answer many questions regarding the patenting process before the United States Patent and Trademark Office (“USPTO”). It also generally describes the technologies typically patented in connection with regenerative medicine. This e-book is provided for informational purposes only and should not replace legal advice, which is necessary to anticipate and address the nuances of the patenting process. In addition, there are issues that should be considered and addressed when considering patenting isolated stem cells and associated technologies—such as the process for obtaining patent rights outside the United States, post-grant procedures for challenging patents, non-patent protection of intellectual property, and enforcement of patents through litigation—which are beyond the scope of this chapter.