Download or read book Patentability of Genetically Modified Organisms GMOs written by Stefan Dimitrov and published by GRIN Verlag. This book was released on 2003-05-15 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2002 in the subject Law - Miscellaneous, grade: merit - 67%, University of Exeter (International Business Law), language: English, abstract: The discovery of the double- helical structure of DNA in 19532 has led to an exponential growth of related new technologies and has generated enormous financial research costs3. To accumulate these sums the biotech industry is particularly motivated by the attraction of patent protection4. Patent regimes have been challenging boundaries between human invention and nature and have become an important and controversial tool for protecting biotechnological knowledge. The issues covered range from patenting of gene sequences5 from lower organisms such as bacteria up to higher life forms as living animals6. Patent practice has become increasingly broad7. One of the jurisdictions still strong enough to resist the Western trend to extend the coverage of new-life forms is surprisingly Canada being the neighbour to the most inventive U.S. biotechnological industry8. Subject of this work are GMOs destined for marketing on global level, i.e. foodstuff and agricultural products9 but pharmaceuticals and other products as well as far as natural ingredients are concerned. Myriads of novel GMOs could be developed and released into the global environment to help to solve severe shortages or problems in agriculture, energy or medicine by providing more and better food, alternative fuel or new and more effective pharmaceuticals10. The debate is fuelled by unfulfilled expectations concerning the ongoing WTO round, statements of NGO activists11 and new projects of multinational corporations and more intense in Europe than in North America.

Download or read book Intellectual Property and Genetically Modified Organisms written by Charles Lawson and published by Routledge. This book was released on 2016-03-09 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking a global viewpoint, this volume addresses issues arising from recent developments in the enduring and topical debates over Genetically Modified Organisms (GMOs) and their relationship to Intellectual Property (IP). The work examines changing responses to the growing acceptance and prevalence of GMOs. Drawing together perspectives from several of the leading international scholars in this area, the contributions seek to break away from analysis of safety and regulation and examine the diversity of ways the law and GMOs have become entangled. This collection presents the start of a much broader engagement with GMOs and law. As GMO technology becomes increasingly more complex and embedded in our lives, this volume will be a useful resource in leading further discussion and debate about GMOs in academia, in government and among those working on future policy.

Download or read book Genetic Engineering of Plants written by National Research Council and published by National Academies Press. This book was released on 1984-02-01 with total page 97 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book...is, in fact, a short text on the many practical problems...associated with translating the explosion in basic biotechnological research into the next Green Revolution," explains Economic Botany. The book is "a concise and accurate narrative, that also manages to be interesting and personal...a splendid little book." Biotechnology states, "Because of the clarity with which it is written, this thin volume makes a major contribution to improving public understanding of genetic engineering's potential for enlarging the world's food supply...and can be profitably read by practically anyone interested in application of molecular biology to improvement of productivity in agriculture."

Download or read book Owning the Genome written by David B. Resnik and published by State University of New York Press. This book was released on 2012-02-01 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: DNA patenting has emerged as a hot topic in science policy and bioethics as private companies and government agencies spend billions of dollars on genetic research and development in a race to identify, sequence, and analyze DNA from human, animal, and plant species. David B. Resnik's Owning the Genome explores the ethical, social, philosophical, theological, and policy issues surrounding DNA patenting and develops a comprehensive approach to the topic. Resnik considers arguments for and against DNA patenting and concludes that only a patent on a whole human genome would be inherently immoral, while the morality of other DNA patents depends on their consequences for science, medicine, agriculture, industry, and society. He also stresses the importance of government regulations and policies in order to minimize the harmful effects of patenting while promoting the beneficial ones.

Download or read book Patents of Genetically Modified Organisms written by Neil Smith and published by . This book was released on 2001 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Genetic Patent Law and Strategy written by Kalyan C. Kankanala and published by Manupatra. This book was released on 2007 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ambiguity and uncertainty inherent in the field ofgenetic science poses challenges in the application oftraditional patent principles to genetic inventions. Thisbook unravels the complex doctrines of Patent Law.

Download or read book Biotechnology Patents and Morality written by Sigrid Sterckx and published by Routledge. This book was released on 2017-11-01 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Regulatory Challenge of Biotechnology written by Han Somsen and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . a compilation of 12 invaluable contributions on this issue by internationally known experts in their respective fields. . . a valuable resource for academic professionals, policy makers and legislators, advocacy groups and scholars in legal and development studies. It is a storehouse of learning and practical knowledge for anyone interested in environmental policy, biosafety issues, biotechnology processes and associated regulatory constraints. Marcelin Tonye Mahop, Review of European Community and International Environmental Law For bioethicists, legal scholars and regulators struggling with what controls to place on biotechnology, this is required reading. John Avellanet, Journal of Commercial Biotechnology Biotechnology has prompted a revolution in science and society in the truest sense of the word. For what superficially appears to be a revolution in biotechnology, in effect touches upon the fundamentals of life and the way in which humans relate to it. This book will make a significant contribution to the debate surrounding the effective regulation of biotechnology. The contributing authors assess how regulatory regimes can accommodate the many different and often conflicting issues to which biotechnology is giving rise to (including a very tainted public image). The book s ultimate aim is to explore ways of designing a regulatory regime that takes heed of these different demands whilst, at the same time, answering to the imperatives of effectiveness and efficiency. The book synthesizes three fields of legal analysis; the first focuses on the risk-dominated regulation of GM food and bio-agriculture; the second involves human genetics as a field dominated by considerations of ethics. Finally, patent law has been chosen as an area captured by notions of property. With its holistic approach, The Regulatory Challenge of Biotechnology will be of great interest to academics, policymakers and regulators as well as biotechnology and law students.

Download or read book GMO Another Perspective The dark side of Patents written by Tito Schiva and published by Youcanprint. This book was released on 2017-02-28 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tito Schiva, geneticist and past Director of the Experimental Institute for Floriculture Sanremo I for 30 years, attended the UPOV Workshop (International Convention for the New Varieties of Plants Protection) as Italian delegate. In the pre-DNA period, together with A. Mercuri, he developed a method for genotype identification based on the isoenzymatic fingerprinting for plant varieties with a view to protecting intellectual property. At the advent of genetic transformation techniques, again working with A. Mercuri, he created dwarf compact plants on Limonium sp. using the ROL genes, and fluorescent flowers on Lisianthus and Rinchospermum using . GFP genes (Green Fluorescent Protein). So far the controversy on GMO has concerned essentially the wealthy and the environment not highlighting the consequences of the Patent on living matter. To apply a Patent on a gene provokes unique biological/economical synergy and has a great impact on our lives. Gunter Reimann, in “Patent for Hitler” (1942), showed how the Patent was stifling the development of technology. In this reality the food step crops appear to be the most vulnerable. Slowing down innovation is the most negative aspect of the Patent system, but the greatest tragedy lies in the political mistake of not pointing out the guidelines or worse forbidding the development of these bio-technologies, and then leaving this know-how as a privilege of the few.

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 710 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Patents Genetically Modified Food and IP Overreaching written by Elizabeth A. Rowe and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Genetically engineered plants and animals have become and will continue to constitute a large part of the food we consume. The United States is the world's largest producer of genetically modified foods, making American consumers the most exposed population to these products. Agricultural biotechnology patents spur and support innovation. Accordingly, patent law is one of the main contributors to this phenomenon that has changed not only the kinds of food we eat, but the nature of the agri-business industry that produces these foods. This Article takes on an area of concern involving the patenting of food that has remained unexplored: the effect on independent research and scientific inquiry. There is currently a void in the scientific knowledge relating to the effects of genetically modified foods on human health and the environment. Patent law perpetuates that void by allowing patent holders to control and restrict independent research in the area. This further exacerbates the problem of incomplete information, and ultimately threatens public health and safety. As the editors of Scientific American Magazine have argued, “when scientists are prevented from examining the raw ingredients in our nation's food supply or from testing the plant material that covers a large portion of the country's agricultural land, the restrictions on free inquiry become dangerous.” Accordingly, the Article explores whether these research restrictions are contrary to the public interest and inconsistent with the underlying goals of the patent law. The analysis, while focusing on the illustrative problem with genetically modified foods, wrestles with a broader, recurring tension in patent policy. How do we reconcile patent rights with the public interest, when such rights threaten public health and safety? For instance, the patenting of human genes raises similar questions, and has received much attention. This Article, for the first time, however, tackles the research restrictions associated with the patenting of genetically modified foods, and places it in the larger context of intellectual property overreaching. It concludes that, on balance, the public interest in promoting independent research on the health and safety effects of foods should outweigh the patent holder's interest in controlling the state of adverse information available about its product.

Download or read book Patenting of Human Genes and Living Organisms written by Friedrich Vogel and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biotechnology is one of the most promising fields of technology, especially since molecular biology methods have enhanced our knowledge of genes, their structure, and their action. This knowledge makes it possible to change genetic material and construct new varieties of cultural plants and animals for various purposes such as nutrition, scientific and medical experimentation, and treatment of human diseases. Such inventions may even include human genes. The understandable desire to have legal protection in this domain has created new problems - especially from the viewpoint of the law and acquiring patents for these new inventions. These problems are under wide discussion and are often controversial. This volume provides a unique overview of the current problems and opinions in this controversial field.

Download or read book Patenting Life written by and published by . This book was released on 1989 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Living Inventions written by Rebecca Dawn Moore and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Living Inventions: Genetically Modified Organisms and the Canadian Patent System, 1976-2004 Rebecca Moore Doctor of Philosophy Institute for the History and Philosophy of Science and Technology University of Toronto 2015 Abstract This dissertation tells the history of the interaction between the Canadian patent system and conceptions of the organism. Although organisms have been modified by humans for millennia, their entry into the patent system demanded they be understood as human inventions in accordance with the requirements of the Patent Act. It was not enough for an organism to simply be modified by humans; instead, the modified organism had to be seen as designed and controlled by a human inventor. I explore how the organism became conceived as a living invention during the patent process. The result is a contemporary history that sheds light on Canada's current, convoluted approach to the patenting of organisms, where "lower" organisms are patentable in their entirety and "higher" organisms are not, yet patents on pieces of "higher" organisms (i.e., patents on genes contained within an organism) give the inventor control over the whole organism. This dissertation is organized around two questions: 1) How was the organism described in the Canadian patent system? 2) Why was the organism described in this way? These questions are explored through a close analysis of four key patent applications filed with the Canadian Intellectual Property Office, beginning in 1976, and their subsequent journey through the Canadian judicial system. I argue that in order to answer these questions, these cases must be understood in the context of the nexus between the molecularization of biology, government and corporate investment in biotechnology, and the nature of legal protection provided by the state. It is only at this nexus that one can explain why whole, modified organisms found their way into the patent system in the first place while also illuminating how - as a consequence of their entry into the patent system - organisms were described.

Download or read book Biotechnology and Patent Law written by N. S. Sreenivasulu and published by Manupatra. This book was released on 2008 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Patent on Life written by Brian Belcher and published by IDRC Canada. This book was released on 1991 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This document discusses biotechnology as a commodity; the use of patents on living organisms and the inconsistencies resulting in using laws written before the introduction of genetic engineering; and the linking of biological research with commercial establishments, resulting in an increasing number of patents, a loss to agricultural and other biological research, and the increasing privatization of scientific information.

Download or read book Marine Biotechnology and Patents written by Bevis Fedder and published by GRIN Verlag. This book was released on 2009 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2008 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1, University of Bremen, course: Seminar, 54 entries in the bibliography, language: English, abstract: Major industries relating to inventions in marine biotechnology increasingly apply for patents. Most patents are applied for inventions that are derived from terrestrial biotechnology. However, it is recognized that marine biotechnology offers a high potential to yield inventions as well. Marine biotechnology can be divided into two main areas. First, development of commercially viable drugs obtained from marine bioprospecting and, second, development of marine genetically modified organisms for aquacultural and environmental purposes. A patent means intellectual protection for an invention. Intellectual protection confers the exclusive right upon the patent holder to sell the right of utilization of the invention to interested parties. The selling of licenses provide one important way of receiving revenues for the research done for the invention. The prospect of potential revenues provide the incentive for investment into biotechnological research and subsequent patenting of inventions arising thereof. The overall aim of this work is to illustrate the close interrelationship of science and law by using marine biotechnology and patents as an example. Section two provides an overview on the scientific side of marine biotechnology. It will define marine biotechnology and investigate current advancements in marine biotechnology. Additionally, it roughly explains the international patent system governing inventions in the biotechnological area and provide examples on patents related to marine biotechnology. Section three illustrates the criticism expressed against life form patents in marine as well as terrestrial biotechnology. It will describe the most important cases that have fueled controversial debates on life form patents until today. [...]