Download or read book Exclusions from Patentability written by Sigrid Sterckx and published by Cambridge University Press. This book was released on 2012-09-13 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive study of what cannot be patented and what should not be patentable in Europe.
Download or read book Exclusions from Patentability Morality and ordre public written by Sigrid Sterckx and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Exclusions from Patentability reviews the history of the adoption of exclusions from patentability under the European Patent Convention since its first conception in 1949 through to its most recent revision. The analysis shows how other intellectual property treaties, such as UPOV, the Strasbourg Patent Convention, PCT, the EU Biotech Directive and TRIPS have affected the framing of the exclusions. Particular attention is given to those exclusions considered the most contentious (computer programmes, discoveries, medical treatments, life forms and agriculture) and those decisions which have been most influential in shaping the approaches by which the exclusions have been interpreted. The 'morality' exclusion and the interpretation of the exclusions are discussed critically and suggestions for coherent interpretation are made"--
Download or read book Immorality and Patents written by Kathleen Liddell and published by . This book was released on 2016 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Exclusions from Patentability written by Sigrid Sterckx and published by Cambridge University Press. This book was released on 2012-09-13 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exclusions from Patentability reviews the history of the adoption of exclusions from patentability under the European Patent Convention since its first conception in 1949 through to its most recent revision. The analysis shows how other intellectual property treaties, such as UPOV, the Strasbourg Patent Convention, PCT, the EU Biotech Directive and TRIPS have affected the framing of the exclusions. Particular attention is given to those exclusions considered the most contentious (computer programmes, discoveries, medical treatments, life forms and agriculture) and those decisions which have been most influential in shaping the approaches by which the exclusions have been interpreted. The 'morality' exclusion and the interpretation of the exclusions are discussed critically and suggestions for coherent interpretation are made.
Download or read book Biotechnological Inventions Moral Restraints and Patent Law written by Oliver Mills and published by Routledge. This book was released on 2018-01-18 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Fairness Morality and Ordre Public in Intellectual Property written by Daniel J.Gervais and published by Edward Elgar Publishing. This book was released on 2020-04-24 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit intellectual property rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts.
Download or read book Biotechnology Patents and Morality written by Maureen O'Sullivan and published by Routledge. This book was released on 2019-06-19 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critiques the decision-making process in Article 53(a) of the European Patent Convention. To date, such decisions have been taken at high levels of expertise without much public involvement. The book eschews traditional solutions, such as those found within legislative, judicial and patent office realms and instead develops a radical blueprint for how these decisions can be put to the public. By examining wide-scale models of participatory democracy and deliberation, this book fills a significant gap in the literature. It will be invaluable for patent lawyers, academics, practitioners and intellectual property and patent officials.
Download or read book The Global Governance of Knowledge written by Peter Drahos and published by Cambridge University Press. This book was released on 2010-01-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent offices around the world have granted millions of patents to multinational companies. Patent offices are rarely studied and yet they are crucial agents in the global knowledge economy. Based on a study of forty-five rich and poor countries that takes in the world's largest and smallest offices, Peter Drahos argues that patent offices have become part of a globally integrated private governance network, which serves the interests of multinational companies, and that the Trilateral Offices of Europe, the USA and Japan make developing country patent offices part of the network through the strategic fostering of technocratic trust. By analysing the obligations of patent offices under the patent social contract and drawing on a theory of nodal governance, the author proposes innovative approaches to patent office administration that would allow developed and developing countries to recapture the public spirit of the patent social contract.
Download or read book The Impact of Ordre Public and Morality on the Regulation of Gene Editing Patents in the United States and the European Union written by Dorkina Myrick and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the impact of ordre public and morality on government regulation of gene editing patents in the United States and the European Union. A discussion of ordre public and morality requires an understanding first of the separate meanings of ordre public and morality, then how and why ordre public and morality are often used in conjunction when referencing laws that pertain to ordre public and morality. The answers are not always clear, as domestic customs, codes of conduct, and laws vary internationally and among states and territories. Intellectual property laws refer to ordre public and morality in the Paris Agreement, TRIPS agreement, European Patent Convention, and Patent Cooperation treaty for the determination of invention patentability. Typically, countries which are adherents and signatories to these agreements have enacted laws which state that violations of ordre public and morality warrant the exclusion of inventions for patent eligibility. Although the United States is an example of a nation which does not require compliance with ordre public and morality provisions for patent awards, overwhelmingly, countries which are adherents and signatories to these international and regional agreements strive to uphold their ordre public and morality provisions when considering domestic inventions for patents. Governments should work to ensure that all members of society have equal access to developments in medical technology - including genetic technology (gene editing and genetic engineering). According to Article 1 of the Universal Declaration on the Human Genome and Human Rights (UDHGHR), DNA constitutes a type of institutional memory of the biology of humankind. By tampering with the human genome, this historical memory can become compromised. This is another reason why some form of societal regulation of genetic engineering and CRISPR gene editing on a collective level is critical. Neither governments nor private entities should have the right to exclusively own, profit from, or exploit genetic information in its natural state. This includes monopolization of ownership of the information through patenting. Scholars and experts postulate, however, that genetic material should be freely accessible.As inventors increase their pursuit of gene editing patents, the likelihood of monopoly behavior may increase. Thus, market and economic forces that favor patent holders cannot predominate the need for accessibility to CRISPR-Cas9 gene editing technology. It is for this reason that prioritization and balancing of research, clinical, ethical, and societal goals is important to maintain a healthy marketplace for innovation in gene editing patents. Moreover, a balance must be achieved between championing ordre public and morality and promoting innovation of gene editing technology. On the other hand, excessive regulation of gene editing technology can be detrimental to innovation.
Download or read book Genes and Ingenuity written by Australia. Law Reform Commission and published by Virago Press. This book was released on 2004 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: Report of an inquiry concerned with two broad issues: the patenting of genetic materials and technologies, and the exploitation of these patents and the distinction that can and possibly should be made between discoveries and inventions when referring to claims over genetic sequences.
Download or read book The Ethics of Patenting DNA written by Nuffield Council on Bioethics and published by . This book was released on 2002 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper questions whether the application of the patent system to DNA sequences achieves its goals of stimulating innovation for the public good and rewarding people for useful new inventions. Even if DNA sequences are considered eligible for patenting, they must also be novel, inventive, and useful. The application of these criteria has not been stringently applied. In future, patents asserting rights over DNA sequences should become the exception rather than the norm.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Patent Ethics written by David Hricik and published by OUP USA. This book was released on 2009-09-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent Ethics: Prosecution serves as an essential guide to the ethical issues arising in the course of the patent prosecution process. By providing relevant rules and case law, it allows practitioners to identify ethical problems before they arise and to address them most effectively when they do. Patent Ethics: Prosecution is the first of two volumes on patent ethics-the second is on litigation-written by Professor David Hricik and Drinker Biddle partner Mercedes Meyer. This treatise is the first of its kind to combine the United State Patent and Trademark Office (PTO) rules with commentary by the authors, which distills the authors' own experience and expertise in patent prosecution into effective practice strategies.
Download or read book Global Dimensions of Intellectual Property Rights in Science and Technology written by National Research Council and published by National Academies Press. This book was released on 1993-02-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
Download or read book Law and Human Genetics written by Roger Brownsword and published by Bloomsbury Publishing. This book was released on 1998-12-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: As developments in human genetics proceed apace,the regulation of genetic research and its applications is set to represent one of the major legal challenges of the next century. At every turn - in the fields of medicine and commerce, in insurance and employment, in the family and even in the criminal justice system - advances in human genetics threaten to transform our understanding of ourselves and the basis upon which we relate to one another. This special issue of the Modern Law Review addresses a range of key issues - conceptual, ethical, political and practical - arising from the regulatory challenge confronting the law in the face of the genetic revolution.
Download or read book Patents on Life written by Thomas C. Berg and published by Cambridge University Press. This book was released on 2022-05-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together a unique collection of legal, religious, ethical, and political perspectives to bear on debates concerning biotechnology patents, or 'patents on life'. The ever-increasing importance of biotechnologies has generated continual questions about how intellectual property law should treat such technologies, especially those raising ethical or social-justice concerns. Even after many years and court decisions, important contested issues remain concerning ownership of and rewards from biotechnology - from human genetic material to genetically engineered plants - and regarding the scope of moral or social-justice limitations on patents or licensing practices. This book explores a range of related issues, including questions concerning morality and patentability, biotechnology and human dignity, and what constitute fair rewards from genetic resources. It features high-level international, interfaith, and cross-disciplinary contributions from experts in law, religion, and ethics, including academics and practitioners, placing religious and secular perspectives into dialogue to examine the full implications of patenting life.
Download or read book The Future of the Patent System written by Ryo Shimanami and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a rapidly changing world, the underlying philosophies, the rationale and the appropriateness of patent law have come under question. In this insightful collection, the authors undertake a careful examination of existing patent systems and their prospects for the future. Scholars and practitioners from Japan, the US, Europe, India, Brazil and China give detailed analyses of current and likely future problems with their respective systems, and outline possible responses to them. With detailed and extensive contributions, this book will greatly appeal to students, practitioners, policymakers and academics who are interested in the problems of current patent system in the world and their future.
