Intellectual Property at the Edge

Intellectual Property at the Edge PDF

Author: Rochelle Cooper Dreyfuss

Publisher: Cambridge University Press

Published: 2014-06-19

Total Pages: 491

ISBN-13: 1139916416

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Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon. It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, copyright and trademark rights that spring from similar changes. All of these developments are examined comparatively: for each new development, scholars in two jurisdictions analyse the evolving legal norm. In several instances, the first of the paired authors writes from the perspective of the legal system in which the doctrine emerged, and the second addresses its reception in her jurisdiction.

Body/Politics

Body/Politics PDF

Author: Thomas Shevory

Publisher: Bloomsbury Publishing USA

Published: 2000-02-28

Total Pages: 260

ISBN-13: 0313002215

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Negotiating the terrain between techno-optimism and eco-pessimism, this work establishes the political connections between technologies of the body, property, and the environment. Specific technologies of the body, such as surrogacy and in vitro fertilization, are examined in relation to their political and legal constructions. Next, Shevory analyzes private property as an evolving historical concept that implicates environmental and biological transformations with particular attention given to biotechnology cases. He then considers the body's appearance and its alterations through plastic surgery, dieting, or piercing as political constructions. A theoretical overview specifies technoprogressivist (liberal) and technophobic traditions, especially as they have evolved in the United States during the second half of the 20th-century. Drawing upon critical and feminist theories, Shevory specifies a body politics that negotiates the terrain between these two traditions. Body technologies and markets, he argues, interact to consolidate and reinforce dominant systems of power, while at the same time resisting and sometimes subverting them. Technology is often a factor in the fragmentation of evolving political ideological discourses on the left and right; however, the resulting instabilities create the potential for both the expansion of global capital and its subversion via democratic interventions.

Intellectual Property and Biotechnology

Intellectual Property and Biotechnology PDF

Author: Matthew Rimmer

Publisher: Edward Elgar Publishing

Published: 2008-01-01

Total Pages: 393

ISBN-13: 1848440189

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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.

Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-mark and Copyright Cases

Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-mark and Copyright Cases PDF

Author: United States. Patent Office

Publisher:

Published: 1949

Total Pages: 752

ISBN-13:

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"Compiled from Official gazette. Beginning with 1876, the volumes have included also decisions of United States courts, decisions of Secretary of Interior, opinions of Attorney-General, and important decisions of state courts in relation to patents, trade-marks, etc. 1869-94, not in Congressional set." Checklist of U. S. public documents, 1789-1909, p. 530.

Intellectual Property and Biodiversity

Intellectual Property and Biodiversity PDF

Author: Michelangelo Temmerman

Publisher: Kluwer Law International B.V.

Published: 2011-12-12

Total Pages: 328

ISBN-13: 9041142878

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Biotechnology is at the heart of heated debates about ethics, safety, economic development, and about the control over the biological materials and technologies used. The latter, grossly called biodiversity issues relating to the application of intellectual property, has been the subject of a wealth of literature. Yet, the situation of animal genetic resources specifically has only marginally been addressed so far. Many books and articles address ‘biotechnology and agriculture’, but have only plants and seeds in mind. Case-law and specific regulation is equally scarce. Exacerbated by the so-called ‘erosion of animal genetic resources’, climate change, the globalization of the market-place, and a strong concentration of markets, animal genetic resources however demand specific analysis and adjustments in intellectual property law. The decoupling of rights over animal genetic resources as an abstract concept, from those over the concrete animals is a fact today. The application of patents in this context became a full-fledged part of the management of animal genetic resources. This monograph analyzes against this background the impact of the patent system on ownership traditions in agriculture, on animal welfare, and on biodiversity. It looks at how those factors in turn are likely to affect the shape of patent law, and how they should affect it. The author hereby focuses on important specific issues arising, including the following: the underlying elements deciding on the shape of regulation – innovation, economic development, agriculture, human rights, animal welfare, the conservation of resources, and equal trading conditions; the continuing applicability of trademarks, geographical indications, copyright, and trade secrets; patentability rules and exclusions; the extension of patent rights over progeny; the meaning of ‘essentially biotechnological processes’; the legal definitions of ‘morality’ and ‘ordre public’ in the context of animal welfare; and the future of international patent law in the context of global governance theories. With detailed investigation of how three major jurisdictions – the European Union, the United States, and Canada – have regulated the matter, the book highlights unresolved issues in the laws dealing with animal genetic resources. How do the usual principles of patent law affect ownership over animals in agriculture? To what extent is patent law in accordance with neighbouring fields of regulation, with relation to animal welfare? How can intellectual property be used to alter, stimulate, or tackle developments in the realm of the conservation and promotion of biodiversity? Questions like these are asked, checked upon the more technical country studies; and then used to put to test the adequacy of international patent regulation in a final chapter. As a deeply informed overview of the arguments and discussion points, this is the only book of its kind. It links general discussions to the often technical and complicated patent regulations, in the specific context of animal genetic resources. It is sure to bring lawyers in the field closer to the policy debates; and decision makers closer to the precise idiosyncrasies of patent law.

Biotechnology and Intellectual Property Rights

Biotechnology and Intellectual Property Rights PDF

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.