Download or read book Exclusions from Patentability Plant and animal varieties 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 Animal Patents written by William H. Lesser and published by Springer. This book was released on 2016-01-09 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the US Patent Office's announcement in 1987 that it considers animals "to be patentable subject matter within the scope" of patent laws, there has been worldwide debate on this subject. This work comprises the proceedings of the Animal Patents Symposium 1988 at Cornell University.

Download or read book Intellectual Property and Biodiversity written by Michelangelo Temmerman and published by Kluwer Law International B.V.. This book was released on 2011-12-12 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 Intellectual Property Rights and Plant Genetic Resources written by Dan Leskien and published by Bioversity International. This book was released on 1997 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Intellectual Property Rights in Plant Varieties written by Laurence R. Helfer and published by Food & Agriculture Org.. This book was released on 2004 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study provides an overview of the international intellectual property system regulating plant varieties. It identifies the essential features of this system, including the policies supporting the grant of intellectual property rights (IPRs) and the societal objectives in tension with IPRs, the institutions that have shaped the international intellectual property system, and the basic components contained in the relevant international treaties. The study aims to set forth regulatory options for national governments to protect plant varieties while achieving other public policy objectives relating to plant genetic resources.

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 European Patent Convention for Foreign Practitioners written by Michele Baccelli and published by Hoffmann Eitle. This book was released on 2017-05-15 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Managing patent portfolios and securing patent protection for global interests is multifaceted and requires local expertise. For 125 years, Hoffmann Eitle has been known for experience and quality in the protection of intellectual property in Europe. This handbook provides targeted guidance for practitioners interested in patent protection in Europe, including in-depth commentaries on basic patentability requirements, patent prosecution at the EPO, post-grant proceedings in Europe, and an introduction to the expected European Patent with Unitary Effect (EP-UE) and the Unified Patent Court (UPC).

Download or read book TRANSGENIC ANIMAL PATENT REFORM ACT OF 1989 written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 1988 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Transgenic Animal Patent Reform Act of 1989 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice and published by . This book was released on 1990 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Intellectual Property Law in China written by Peter Ganea and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is one in a series of country reports on the intellectual property systems of Asia. The authors and editors note the difficulty of obtaining authentic source material, but nevertheless provide as comprehensive a view of China's intellectual property protection as possible.

Download or read book Marine Genetic Resources R D and the Law 1 written by Bleuenn Guilloux and published by John Wiley & Sons. This book was released on 2018-06-21 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advances in research and development reveal the immense diversity and potential of marine genetic resources. Under international law, no specific regime applies to these complex and paradoxical objects of use. The Law of the Sea Convention sets a framework that is partly inadequate for this new category of resources. The Biodiversity Convention and the Nagoya Protocol only address the genetic resources of national areas. Patents allow their holder to exercise a monopoly on exploiting biotechnological creations to extensive claims, questioning the common nature of biodiversity and related knowledge. They hinder research and the objectives of biodiversity law. The legal and practical rules of physical and functional access vary in geometry. They focus on the valorization of research results, crystallizing conflicts of interest between suppliers and users. Sustainable research and development is essential to the knowledge and protection of marine biodiversity. The qualification of marine genetic resources in common, standard contractual tools, distributed research and development infrastructures, negotiation of an agreement on sustainable use and conservation of biodiversity beyond the limits of national jurisdiction, would To remove these inconsistencies.

Download or read book Managing Global Genetic Resources written by National Research Council and published by National Academies Press. This book was released on 1993-02-01 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anchor volume to the series Managing Global Genetic Resources examines the structure that underlies efforts to preserve genetic material, including the worldwide network of genetic collections; the role of biotechnology; and a host of issues that surround management and use. Among the topics explored are in situ versus ex situ conservation, management of very large collections of genetic material, problems of quarantine, the controversy over ownership or copyright of genetic material, and more.

Download or read book New Developments in Biotechnology written by United States. Congress. Office of Technology Assessment and published by . This book was released on 1990 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Patents Trademarks and Related Rights written by Stephen Pericles Ladas and published by Harvard University Press. This book was released on 1975 with total page 2172 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Concise European Patent Law written by Richard Hacon and published by Kluwer Law International B.V.. This book was released on 2008-09-26 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our technological society patent law plays a central role as an incentive for the development and marketing of new technologies in many fields of business. The number of patent applications continues to grow considerably every year. International and European conventions and other instruments have been implemented in order to simplify the application for and enforcement of patents and which also govern the scope of protection afforded by a patent in Europe. Others are being planned. This second edition of Concise European Patent Law aims to offer the reader a rapid understanding of all the provisions of patent law in force in Europe that have been enacted at the European and international levels. This volume takes the form of an article-by-article commentary on the European Patent Convention and the relevant European Community legislation and international treaties. It is intended to provide the reader with a short and straightforward explanation of the principles of law to be drawn from each provision, with references to the most important case law. Editors and authors are prominent specialists (both academics and practitioners) in the field of international and European patent law. Concise European Patent Law, second edition is one of a series of volumes of commentary on European Intellectual property legislation edited by Thomas Dreier, Charles Gielen and Richard Hacon, based on the respected German and Dutch series ‘Kurzkommentar and Tekst en Commentaar.’

Download or read book Agriculture and International Trade written by Michael Cardwell and published by CABI. This book was released on 2003 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization (WTO) Agreement on Agriculture has had a fundamental impact on agricultural policy worldwide. The new WTO agreements will cover agriculture,sanitary and phytosanitary measures, technical barriers to trade and trade in intellectual property rights. This book addresses the interface between the law of international agricultural trade, the emerging legal and economic order for agricultural trade under the auspices of the WTO, and its impact on agricultural policy reform both in the European Union and the USA. With contributions from leading authorities in the appropriate areas.