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The Role Of Intellectual Property Rights In Biotechnology Innovation

Author: David Castle
Publisher: Edward Elgar Publishing
ISBN: 1849801932
Size: 27.74 MB
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. . . recommended to anyone interested in the thrilling subject of the relationship of IPRs and innovation. Ralf Uhrich, Journal of Intellectual Property This is an outstanding piece of scholarship. It will serve as a powerful stimulant for new research in the field and as a reliable guide for practitioners. Calestous Juma, Harvard University, US Intellectual property rights (IPRs), particularly patents, occupy a prominent position in innovation systems, but to what extent they support or hinder innovation is widely disputed. Through the lens of biotechnology, this book delves deeply into the main issues at the crossroads of innovation and IPRs to evaluate claims of the positive and negative impacts of IPRs on innovation. An international group of scholars from a range of disciplines economic geography, health law, business, philosophy, history, public health, management examine how IPRs actually operate in innovation systems, not just from the perspective of theory but grounded in their global, regional, national, current and historical contexts. In so doing, the contributors seek to uncover and move beyond deeply held assumptions about the role of IPRs in innovation systems. Scholars and students interested in innovation, science and technology policy, intellectual property rights and technology transfer will find this volume of great interest. The findings will also be of value to decision makers in science and technology policy and managers of intellectual property in biotechnology and venture capital firms.

Biotechnology And Intellectual Property Rights

Author: Kshitij Kumar Singh
Publisher: Springer
ISBN: 8132220595
Size: 32.91 MB
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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 In Agricultural Biotechnology

Author: DIANE Publishing Company
Publisher: DIANE Publishing
ISBN: 9780788125850
Size: 79.39 MB
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Addresses IPR issues important to the Agricultural Biotechnology for Sustainable Productivity (ABSP) initiative & international agricultural biotechnology collaborations in general. Contains sections on patents, licensing, international issues & recommendations. Documents on plant variety protection, patent types in biotechnology, licensing, cooperative agreements, trade questions & Uruguay round, the convention on biological diversity & many others.

Intellectual Property Rights In Frontier Industries

Author: Robert W. Hahn
Publisher: A E I Press
ISBN: 9780844771915
Size: 33.98 MB
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This volume offers insight into intellectual property protection rules in an information economy and provides a perspective on how to solve some of the more pressing issues.

Intellectual Property Rights In Agricultural Biotechnology

Author: Frederic H. Erbisch
Publisher: CABI
ISBN: 9780851997391
Size: 12.41 MB
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During the past twenty-five years, biotechnology has revolutionized agricultural research. The enormous potential, together with a landmark decision by the US Supreme Court to allow the patenting of genetically-engineered organisms has encouraged private sector companies to invest in research programmes. This book (first edition in 1998) is now fully revised and updated, with five completely new chapters. It presents definitive information on intellectual property law in a simplified form.

Agriculture And Intellectual Property Rights

Author: V. Santaniello
Publisher: CABI
ISBN: 0851994571
Size: 67.15 MB
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Plant breeding patents, the ownership to biological innovation and associated intellectual property rights (IPR), are the subject of increased attention worldwide. They are particularly relevant in the field of agricultural biotechnology. They are affecting public and private sector organisations and companies, and are significant for developing as well as developed countries. These issues have until recently evoked little policy analysis. This book presents the perspectives of policy-makers and economists on such issues and includes discussions of public research and property rights, implications for developing countries, IPR of wild genetic resources and IPR under the Convention of Biological Diversity, among others.

Intellectual Property And Biotechnology

Author: Matthew Rimmer
Publisher: Edward Elgar Publishing
ISBN: 1848440189
Size: 19.22 MB
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Dr Rimmer s book is a marvellous introduction to a crucial topic of our time. He writes engagingly, provocatively and always with good humour. A highly technical and complex area of law has been reduced to clear descriptions and searching analysis. Truly, this is an important book on an essential topic that will help define the ethics of a future that includes nothing less than the future of our species. From the foreword by the Hon Justice Michael Kirby AC CMG, the High Court of Australia . . . the author has done an excellent job by explaining the subject in an open and accessible manner. This book is a timely and very thought-provoking analysis of patent law and biotechnology. . . The book is a unique theoretical contribution to the controversial public debate over commercialization of biological inventions. . . there is an extensive bibliography. . . a valuable resource for further reading. The book will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists. Journal of Intellectual Property Rights Rimmer s book is highly recommended for anyone interested in the issues and debate related to biological inventions, regardless of which side the reader is on. Stefan M. Miller, Journal of Commercial Biotechnology . . . this book gives an excellent account of the most celebrated biotechnology cases from three continents, and for this alone is to be thoroughly recommended. David Rogers, European Intellectual Property Review Rimmer has put a great deal of thought and effort into this series of chapters. For those looking at how to reform, direct and develop laws in relation to biotechnology, this book is brimming with ideas, suggestions and recommendations of what to do next. Rebecca Halford-Harrison, Chartered Institute of Patent Attorneys . . . an excellent introduction to a wide range of legal thinking in an increasingly controversial and relevant area to humankind. Sharon Givoni, Australian Intellectual Property Law Bulletin Rimmer s new book is a timely and very thought-provoking analysis of patent law and biotechnology and asks a very serious question: can a 19th century patent system adequately deal with a 21st century industry? Kate McDonald, Australian Life Scientist This book documents and evaluates the dramatic expansion of intellectual property law to accommodate various forms of biotechnology from micro-organisms, plants, and animals to human genes and stem cells. It makes a unique theoretical contribution to the controversial public debate over the commercialization of biological inventions. The author also considers the contradictions between the Supreme Court of Canada rulings in respect of the Harvard oncomouse, and genetically modified canola. He explores law, policy, and practice in both Australia and New Zealand in respect to gene patents and non-coding DNA. This study charts the rebellion against the European Union Biotechnology Directive particularly in respect of Myriad Genetics BRCA1 and BRCA2 patents, and stem cell patent applications. The book also considers whether patent law will accommodate frontier technologies such as bioinformatics, haplotype mapping, proteomics, pharmacogenomics, and nanotechnology. Intellectual Property and Biotechnology will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists.

Intellectual Property Rights Biotechnology And Food Security

Author: Farhana Yamin
Size: 28.90 MB
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This paper examines the relationship between food security, agricultural biotechnology and intellectual property rights (IPRs), particularly for developing countries and poorer groups within those countries. As a result of industry pressure, harmonised standards of IPRs have been agreed at the global level, chiefly through TRIPs/WTO. Recent empirical work demonstrates that for low income developing countries, the costs of strengthening IPRs may well outweigh the gains. Moreover, potential gains through increased technological inflows resulting from stronger IPRs are likely to be realised over the long term, while costs accrue immediately, suggesting that developing countries should thinking carefully about promoting the expansion of IPRs, particularly in the field of agriculture. This is because although in the long term, IPRs incentivize research and development they also go hand in hand with unsustainable, and possibly unsafe, forms of agriculture, make R&D more expensive, especially in developing countries and tend to reduce national developmental choices. Despite this, pro-IPR industry representatives and trade officials, with privileged access to patent offices, judicial processes and WTO negotiations, continue to push for stronger IPRs at the global and national level. Those negatively impacted, such as small-scale farmers, traditional knowledge holders, environmental groups and developing countries, will need to play a larger role in IPR policy-making, at all levels, if biotechnology is to benefit the poorest and most vulnerable groups in the global economy. Lack of negotiating power and policy expertise of developing countries within the WTO, combined with strategic forum-shifting by more powerful countries, needs to be countered to ensure that the IPR playing field is not skewed further against R&D that would benefit the poor and forms of agriculture that would improve their food security must be positively encouraged.