Preserving the Patent Paradox- Post-grant Balance and the Link Between Access and Ethics in Biotechnology PDF Download
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Author: John Andrew Young
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Author: John Andrew Young
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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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: Joanna T. Brougher
Publisher: Springer Science & Business Media
ISBN: 146148202X
Category : Medical
Languages : en
Pages : 223
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Book Description
Intellectual Property and Health Technologies Balancing Innovation and the Public's Health Joanna T. Brougher, Esq., MPH At first glance, ownership of intellectual property seems straightforward: the control over an invention or idea. But with the recent explosion of new scientific discoveries poised to transform public health and healthcare systems, costly and lengthy patent disputes threaten both to undermine the attempts to develop new medical technologies and to keep potentially life-saving treatments from patients who need them. Intellectual Property and Health Technologies grounds readers in patent law and explores how scientific research and enterprise are evolving in response. Geared specifically to the medical disciplines, it differentiates among forms of legal protection for inventors such as copyrights and patents, explains their limits, and argues for balance between competing forces of exclusivity and availability. Chapters delve into the major legal controversies concerning medical and biotechnologies in terms of pricing, markets, and especially the tension between innovation and access, including: The patent-eligibility of genes The patent-eligibility of medical process patents The rights and roles of universities and inventors The balancing of access, innovation, and profit in drug development The tension between biologics, small-molecule drugs, and their generic counterparts International patent law and access to medicine in the developing world As these issues continue to shape and define the debate, Intellectual Property and Health Technologies enables professionals and graduate students in public health, health policy, healthcare administration, and medicine to understand patent law and how it affects the development of medical technology and the delivery of medicine.
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: Oliver Mills
Publisher: Routledge
ISBN: 1351162462
Category : Law
Languages : en
Pages : 192
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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: Helena Żakowska-Henzler
Publisher: Edward Elgar Publishing
ISBN: 1803920262
Category : Political Science
Languages : en
Pages : 267
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Book Description
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.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks
Publisher:
ISBN:
Category : Religion
Languages : en
Pages : 248
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Book Description
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: Andrea Stazi
Publisher:
ISBN: 9781784715892
Category : Biotechnology
Languages : en
Pages : 0
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Book Description
Professor Stazi's volume on biotechnological inventions is an excellent work that any scholar or practitioner in this complex area of law should not only read, but also frequently consult. This detailed, systematic and comprehensive explanation of the provisions on 'patentability of life' - both in the EU and the USA - is combined with the related theories and constructions as well as the relevant case law. In this regard, the author offers a balanced overview of the relevant provisions and their explicit or implied exceptions.' - Alberto Musso, University of Bologna, Italy 'The appropriate protection of biotechnological inventions and the so-called 'patentability of life' are one of the most crucial questions of modern intellectual property. It is also one of the most debated, as it involves not only complex legal issues but raises high social, ethical and even sometimes religious concerns. Professor Stazi's book is thus a very timely contribution, managing the 'tour de force' of combining serious and comparative doctrinal analysis of the criteria (and the limits) of patentability, while at the same time offering a good overview of the challenges with regard to bioethics and fundamental rights. Without any doubt, this volume will enrich the already excellent series on New Directions in Patent Law.' - Christophe Geiger, CEIPI, University of Strasbourg, France In today's technological world, biotechnology is one of the most innovative and highly invested-in industries for research, in the field of science. This book analyzes the forms and limitations of patent protection recognition for biotechnological inventions, with particular regard to patentability of life. The author expertly compares the United States model, traditionally based on technical evaluations, with the European model, inspired by fundamental rights and bioethics. He highlights how the regulation of biotechnological inventions should guarantee a fair balance between protection of investment and access to information, which is essential for further research and innovation. Academics and practitioners dealing with intellectual property, patent law and biotechnological inventions will find this book to be of interest. The topics discussed will also be useful for patent offices and medical institutions, as well as medical researchers.
Author: Office of Technology Assessment
Publisher:
ISBN: 9781410225672
Category : Law
Languages : en
Pages : 204
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Book Description
Since the discovery of recombinant DNA technology in the early 1970s, biotechnology has become an essential tool for many researchers and industries. The potential of biotechnology has spurred the creative genius of inventors seeking to improve the Nation's health, food supply, and environment. In 1980, the Supreme Court ruled that a living micro-organism could be patented. Subsequently, the U. S. Patent and Trademark Office held that certain types of plant and animal life constituted patentable subject matter. This special report, prepared by the Office of Technology Assessment of the United States Congress under, reviews U. S. patent law as it relates to the patentability of micro-organisms, cells, plants, and animals; as well as specific areas of concern, including deposit requirements and international considerations. The report includes a range of options for congressional action related to the patenting of animals, intellectual property protection for plants, and enablement of patents involving biological material.
