Ana Nordberg debates restrictions on the patentability of medical methods in European Patent Law. The main question addressed is whether it is viable and advisable to reinterpret, reformulate, or replace Article 53 (c) EPC, a provision restricting the patenting of medical methods. The subject is approached by reference to emerging technologies, and using nanomedicine innovation as an example and point of departure. Nanotechnology inventions blur the lines between patentable subject matter and what may fall under the exception from patentability. It is a good example of how, in recent years, emerging technologies have been challenging the patent system and exposing the need for re-thinking the adopted solutions. Dissertation. [Subject: Patent Law, European Law, Medical Law, Nanotechnology]
Nanotechnology is changing the world in a very big way, but at the atomic and sub-atomic level. Although the roots of nanotechnology can be traced back to more than a century ago, the last three decades have witnessed an explosion of nano-based technologies and products. This reference work examines the history, current status, and future directions of nanotechnology through an exhaustive search of the technical and scientific literature. The more than 4000 bibliographic citations it includes are carefully organized into core subject areas, and a geographic and subject index allows readers to quickly locate documents of interest. Although a sense of the global reach and interest in nanotechnology can be gleaned from the reference sections of countless journal articles, conference papers, and books, this is the only reference work providing an in-depth global perspective that is ready-made for nanotechnology professionals and those interested in learning more about all things nanotechnology. Despite the abundance of online resources, there is still an urgent need for well-researched, well-presented, concise, and thematically organized reference works. Instead of relying on wiki pages, citation aggregators, and related websites, the author searched the databases and databanks of scholarly literature search providers such as EBSCO, ProQuest, PUBMED, STN International, and Thomson Reuters. In addition, he used select serials-related databases to account for pertinent documents from countries in which English is not the primary national language (i.e., China Online Journals, e-periodica, J-STAGE, and SciELO Brazil among others).
“Patenting Nanomedicines: Legal Aspects, Intellectual Property and Grant Opportunities” focusses on the fundamental aspects of Patenting Nanomedicines applied in different “Drug Delivery and Targeting Systems”. The promoters of new findings in this field of research are numerous and spread worldwide; therefore, managing intellectual property portfolios, and the acquisition and exploitation of new knowledge face several contingency factors. Today, the scientific community is discussing issues of economic outcomes in the field of Nanomedicines. Major concerns include questions as to whether the research groups, academics, industry and other stakeholders should work in unison or independently, if innovation or adaptation of new technology should be prioritized, public versus private research funding, and safeguarding versus sharing knowledge. However, despite its increasing importance for humankind, it is a matter of concern as to whether technological development can really be stimulated by patent protection. An intellectual property strategy should aim to develop a qualitative patent portfolio for continuous learning. This book addresses questions of ethics, socio-political policies and regulatory aspects of novel Nanomedicine-based products which are currently under development for the diagnosis and treatment of different types of diseases. It is divided in two parts – Part I is composed of the first 3 chapters, which focus on the “fundamentals” of legal aspects, emerging threats, advantages and disadvantages of patenting Nanomedicines, whereas Part II collects 12 chapters discussing different types of Nanomedicine-based products, their potential marketing aspects and patent protection. Whenever applied, each chapter offers a list of patents, based on a specific application in drug delivery and targeting. An outstanding team of 53 authors have contributed to this book, which will be of interest to professionals from the field of patent examiners, academics, researchers and scientists, students and other practitioners.
The authors of this book address all individuals approaching the study of nanomedicine for the first time ever, as well as those already profitably working in the field either as scientists, doctors, lawyers, or entrepreneurs. Teeming with accurate, up-to-date, and enjoyable content, the book describes some enlightening facts and figures pertaining
The nanotechnology industry is a fast growing industry with many unique characteristics. When bringing the results of nanotechnology research to the market, companies and universities run into unforeseen problems related to intellectual property rights and other legal and regulatory issues. An effective commercialization of the results of research requires basic knowledge of the relevant issues and a well-defined strategy, while the absence of such knowledge and strategy can be detrimental to the commercial potential of any invention. Even the most impressive scientific achievements can become a commercial failure due to a lack of understanding and strategy relating to the legal and regulatory issues surrounding the commercialization of a technology. With contributions from twenty experts in the field, Nanotechnology Commercialization for Managers and Scientists discusses the most relevant issues that a company or university will face when bringing a nanotechnology invention to the market. A large part of the book will be dedicated to the obtainment, strategic use, valuation and licensing of patents. Further chapters will deal with e.g. investment, university-industry collaboration, environment health and safety, etc. In this way managers and scientists at universities and companies are provided with a handbook that provides them with industry specific basic knowledge of issues that they are unfamiliar with but is essential to the commercial success of their inventions.
This book explores the challenges that emerging technologies and technology driven practices pose for traditional notions of intellectual property (IP) law and policy. Chapters offer perspectives from across the IP law spectrum and address questions such as; is the law evolving in the right direction and is the regulation of emerging technology supported by sound policy objectives? Covering a diverse range of topics, this book exposes the intimate relationship between IP and technology.
'It is no longer possible to practice, teach, or study purely domestic intellectual property law within Europe. European intellectual property norms now structure protection throughout the continent (and even beyond). Paradoxically, what might seem as a simplification of legal rules has created a maze of new complexities substantive, institutional and methodological. This collection by some of the leading scholars in European IP manages to capture that complexity without sacrificing clarity. Canvassing the entire field with a rich array of contributions, the book both highlights the roots of European IP law and asks important fundamental questions about where it is going. One can only hope that it is read by anyone with a hand in the future development of European IP law.' Graeme B. Dinwoodie, University of Oxford, UK 'Christophe Geiger has put together a very fine collection of essays by many of the very best scholars in European intellectual property law. The essays explore the basis, extent, as well as the successes and failings of regional harmonization of trade marks, geographical indications, copyright, designs, patents and remedies. The celebrated cast of authors naturally discuss, in addition to the various directives and regulations on each topic, the Treaty provisions on exhaustion of rights and competition (and their interpretation), relevant provisions on legislative competence, Article 17(2) of the Charter, other fundamental rights, and the growing case law of the Court of Justice. There is essential material here for anyone interested in European intellectual property law, as well as ideas for the improvement and further development of European IP law.' Lionel Bently, University of Cambridge, UK Constructing European Intellectual Property offers a comprehensive assessment of the current state of intellectual property legislation in Europe and gives direction on how an improved system might be achieved. This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research. Academics, policymakers, lawyers and many others concerned with establishment of a regulatory framework for intangibles in the EU will benefit from the extensive and thoughtful discussion presented in this work.
This book addresses questions surrounding the feasibility of a global approach to ethical governance of science and technology. The emergence and rapid spread of nanotechnology offers a test case for how the world might act when confronted with a technology that could transform the global economy and provide solutions to issues such as pollution, while potentially creating new environmental and health risks. The author compares ethical issues identified by stakeholders in China and the EU about the rapid introduction of this potentially transformative technology – a fitting framework for an exploration of global agency. The study explores the discourse ethics and participatory Technology Assessment (pTA) inspired by the work of Jürgen Habermas to argue that different views can be universally recognized and agreed upon, perhaps within an ideal global community of communication. The book offers a developed discourse model, utilizing virtue ethics as well as the work of Taylor, Beck, Korsgaard and others on identity formation, as a way forward in the context of global ethics. The author seeks to develop new vocabularies of comparison, to discover shared aspects of identity and to achieve, hopefully, an ‘intercultural personhood’ that may lead to a global ethics. The book offers a useful guide for researchers on methods for advancing societal understanding of science and technology. The author addresses a broad audience, from philosophers, ethicists and scientists, to the interested general reader. For the layperson, one chapter surveys nanoissues as depicted in fiction and another offers a view of how an ordinary citizen can act as a global agent of change in ethics.
The enormous advances in nanomedicine and precision medicine in the past two decades necessitated this comprehensive reference, which can be relied upon by researchers, clinicians, pharmaceutical scientists, regulators, policymakers, and lawyers alike. This standalone, full-color resource broadly surveys innovative technologies and advances pertaining to nanomedicine and precision medicine. In addition, it addresses often-neglected yet crucial areas such as translational medicine, intellectual property law, ethics, policy, FDA regulatory issues, nano-nomenclature, and artificial nano-machines—all accomplished in a user-friendly, broad yet interconnected format. The book is essential reading for the novice and the expert alike in diverse fields such as medicine, law, pharmacy, genomics, biomedical sciences, ethics, and regulatory science. The book’s multidisciplinary approach will attract a global audience and serve as a valuable reference resource for industry, academia, and government.
The international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis.
