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Author: Sigrid Sterckx
Publisher: Routledge
ISBN: 1351744216
Category : Social Science
Languages : en
Pages : 291
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Book Description
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.
Author: Sigrid Sterckx
Publisher: Routledge
ISBN: 1351744216
Category : Social Science
Languages : en
Pages : 291
Get Book
Book Description
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.
Author: Sigrid Sterckx
Publisher: Ashgate Publishing
ISBN:
Category : Business & Economics
Languages : en
Pages : 416
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Book Description
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.
Author: Oliver Mills
Publisher: Routledge
ISBN: 1351162462
Category : Law
Languages : en
Pages : 291
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Book Description
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.
Author: Maureen O'Sullivan
Publisher: Routledge
ISBN: 9781032240954
Category :
Languages : en
Pages : 176
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Book Description
This book critiques the application of the morality provision in Article 53(a) of the European Patent Convention - a source of controversy when deciding whether to grant patents on biotechnological inventions. Despite deep moral disagreement and criticsm of the current system, until now there have been few suggestions for significant reform.
Author: Thomas C. Berg
Publisher: Cambridge University Press
ISBN: 1108428681
Category : Law
Languages : en
Pages : 327
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Book Description
A unique collection of legal, religious, ethical, and political perspectives on debates surrounding biotechnology patents or 'patents on life'.
Author: N. S. Sreenivasulu
Publisher: Manupatra
ISBN: 8189542311
Category : Biotechnology
Languages : en
Pages : 264
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Book Description
Author: Hawkins, Naomi
Publisher: Edward Elgar Publishing
ISBN: 1800884419
Category : Law
Languages : en
Pages : 224
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Book Description
This book examines patent law and policy in biotechnology across the full lifecycle of the patent, focusing on the patent bargain and the public interest. It considers the central issues of how to strike an effective balance of rights, and whether public interest is adequately safeguarded - two issues that are particularly important in areas of rapidly emerging technology.
Author: Shobita Parthasarathy
Publisher: University of Chicago Press
ISBN: 022643785X
Category : History
Languages : en
Pages : 299
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Book Description
Introduction -- Defining the public interest in the US and European patent systems -- Confronting the questions of life-form patentability -- Commodification, animal dignity, and patent-system publics -- Forging new patent politics through the human embryonic stem cell debates -- Human genes, plants, and the distributive implications of patents -- Conclusion
Author: David B. Resnik
Publisher: State University of New York Press
ISBN: 0791485943
Category : Science
Languages : en
Pages : 251
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Book Description
DNA patenting has emerged as a hot topic in science policy and bioethics as private companies and government agencies spend billions of dollars on genetic research and development in a race to identify, sequence, and analyze DNA from human, animal, and plant species. David B. Resnik's Owning the Genome explores the ethical, social, philosophical, theological, and policy issues surrounding DNA patenting and develops a comprehensive approach to the topic. Resnik considers arguments for and against DNA patenting and concludes that only a patent on a whole human genome would be inherently immoral, while the morality of other DNA patents depends on their consequences for science, medicine, agriculture, industry, and society. He also stresses the importance of government regulations and policies in order to minimize the harmful effects of patenting while promoting the beneficial ones.
Author: Alison K. Thompson
Publisher: Springer Science & Business Media
ISBN: 0585345864
Category : Medical
Languages : en
Pages : 331
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Book Description
It is difficult to think of an example of an advancement in the biological sciences that has had an impact on society similar to that of the new genetics. Recent developments in biotechnology have occasioned much discussion among academics, professionals, and lay people alike. In particular, many questions and concerns have arisen over the acquisi tion, access, and control of genetic information. There are several reasons why the new genetics has commanded such widespread attention, and why it is now the subject of con siderable debate. Special reference is given in this volume to the implications of genetic information for five different subject areas: eugenics, the insurance industry, the commer cialisation of genetic testing, strategies for raising public awareness, and the value of theo retical ethical and sociological frameworks in the debate. This diverse collection of papers attempts to address and critically discuss issues surrounding the control of, and access to, genetic information from ethical, medical, legal, and theoretical points of view. The first and shortest section of the book attempts to address concerns over the eugenic potential of new biotechnologies. It also provides a historical context for the de bate, for controversy over the subject of eugenics predates the current debate over genetic information by a considerable length of time. Indeed, by the time the first patent was is sued for Chakrabarty's strain of oil eating bacteria in the early 1970s, the term eugenics had already acquired strong pejorative connotations.
