Download or read book Study on the Patenting of Inventions Related to Human Stem Cell Research written by Geertrui Van Overwalle and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Background of the Report: On April 24 2001 the European Commission appointed the European Group on Ethics in Science and New Technologies (EGE). In his welcome message President Prodi requested the Group to give an Opinion on the ethical aspects of patents resulting from research into stem cells. In response to this request, the Group announced at its first meeting on May 29 2001 that the next opinion to be issued would deal with the use of human stem cells and the patentability of the inventions deriving from such research. This report was developed in response to the request of the Group to provide them with the current information and documentation with regard to patents for human stem cell research. Ever since 1988, when the first proposal for a European Directive on the legal protection of biotechnological inventions was laid down, patents on 'living' material received much public attention, because of the delicate question to which extent 'life' and 'living material' is appropriable by way of patents. Since 1998, when human pluripotent stem cells were first isolated, the patent issue gained growing interest in civil society again, because of the legal and ethical implications patents on human stem cells entail. In view of the increasingly explosive nature of this issue, there is an urgent need for intense discussion of the emerging questions. Scope of the report: The present report starts with a brief overview of stem cell technology in order to assist the reader in understanding the key events in stem cell technology and the subject matter for which patent protection is claimed (Part I). The report then describes the current patent practice (Part II) and the state of patent legislation with regard to human stem cell technology (Part III). Much of the progress made to date in stem cell technology was dependent on animal models and understandings gained from mouse models and mouse stem cell research. However, this report will mainly focus on the patent practice and patent framework for human stem cell technology. The report ends by devoting substantial attention to some questions that remain unsettled and offering some routes for reflection (Part IV). Aim and approach of the report: It has been the aim of the report to provide relevant information with regard to the current patent granting policy - both in Europe and in the US - and the patent law framework in Europe. Relevant and up to date information with regard to patent policy and patent legislation on human stem cell research was gathered in order to enable the EGE to gain insight in this complex and delicate issue and to enable the EGE to elaborate a well-founded opinion. The author wishes to emphasise that the guiding thought while carrying out this study was to provide the EGE with the necessary prior information and to offer relevant data. It was not the author's intent to put her personal opinion in the forefront. This results in a report where one can often read that certain developments 'appear' to be inconsistent, or certain interpretations 'seem' to be awkward. This equally results in a study where no position is taken with regard to the patentability of human stem cell research, but where arguments are developed to substantiate a possible decision. Or where various routes of reflections are developed in order to accommodate current patent law to the specific characteristics of human stem cell research, taking into account the public concerns with regard to biotech patenting. Several approaches were taken to obtain relevant information for this report. Various scientific experts in stem cell research were interviewed. A thorough examination of both European and US patent databases was conducted. An extensive review of former and current European patent legislation and case law was carried out. The majority of the patents involved emanates from research in academic laboratories, but many patents were also found from private pharmaceutical and biotechnology companies. The report aimed at including both academic and private research and subsequent patenting, and was not limited to either government or private funded research.
Download or read book Study on the Patenting of Inventions Related to Human Stem Cell Research in Europe written by Geertrui Van Overwalle and published by . This book was released on 2001-01 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report of the European Group on Ethics in Science and New Technologies to the EC provides current info. and documentation with regard to patents for human stem cell research. Starts with an overview of stem cell technology. It then describes the current patent practice and the state of patent legislation with regard to human stem cell technology. Much of the progress made to date in stem cell technology was dependent on animal models and understandings gained from mouse models and mouse stem cell research. However, this report mainly focuses on the patent practice and patent framework for human stem cell technology. Devotes substantial attention to questions that remain unsettled and offers routes for reflection.
Download or read book Study on the Patenting of Inventions written by and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Embryonic Stem Cell Patents written by Aurora Plomer and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stem cell research, and particularly embryonic stem cell research, while offering the prospect of developing theories for serious life-threatening diseases, also raises a number of difficult and controversial moral questions. This is reflected in a variety of moral perspectives and regulatory regimes, already adopted or in the process of being developed, in EU Member States. In particular the "moral exclusion" clause in Article 6 of the EC Directive on the legal protection of biotechnological inventions has created much uncertainty in this field. This collection of original essays provides comprehensive analysis of the EU patent system as applied to biotechnological inventions and particularly stem cell research, dealing with the overlapping EPC, EU, international and national law regimes bearing on the exclusion of patents in a morally fragmented and contested field. In this multidisciplinary study, the editors aim to clarify the legal scope of Article 6, which they deem essential for the fostering of research and investment in Europe, while ensuring that such research is conducted within clear ethical limits which address the concerns of society. As well as a complete overview of the application of the European patent law in the field of human embryonic stem cells, topics covered include legal and philosophical accounts of the boards of the European Court of Justice and European Patent Offices' reasoning in the leading litigated cases, as well as the institutional tensions between national and transnational European research and patent regimes. With its broad research in the fields of patent law, ethics and philosophy, the book analyzes a wide range of issues in a way no other book has previously done and suggests solutions to unblock the current stalemate surrounding the patentability of human embryonic stem cell related inventions. The book will be welcomed by a broad readership, including experts and academics in both ethical and legal disciplines as well as policy makers and regulators in the field of embryonic stem cell research in Europe.
Download or read book Regulating Human Embryonic Stem Cell in China written by Li Jiang and published by Springer. This book was released on 2016-08-01 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The general scope of the book is the patentability and morality of human embryonic stem cell research in US, EU and China. The book observes fraudsters operate unsafe human embryonic stem cell therapies and officialdom turns a blind eye to the immoral human embryonic stem cell research in China. The book highlights that both patent control and federal funding control are inefficient and ineffective way to monitoring human embryonic stem cell research. The book finally proposed an approach for china to regulating human embryonic stem cell research-regulating research itself at the reconciled international regime. The potential reader includes academics and practitioners dealing with intellectual property, patent law and stem cell inventions. The topic discussed will also be interesting to a broad readership, including experts, regulators, policy makers and medical researchers in both ethical and legal disciplines in the field of embryonic stem cell research.
Download or read book Bioethics and the Patent Eligibility of Human Embryonic Stem Cells Related Inventions in Europe written by Ali Seyhan Ugurlu and published by . This book was released on 2014 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt: Neu entstehende Technologien wie die Biotechnologie stellen eine Kontroverse und Herausforderung für das Patentrecht dar. Das Werk analysiert die neuesten Entwicklungen in der Rechtsprechung zur Zulässigkeit von Patenten im Rahmen der Stammzellen-Forschung in Europa. ReiheMunich Intellectual Property Law Center - MIPLC - Band 22.
Download or read book Intellectual Property and Biotechnology written by Matthew Rimmer and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Rolling Text draft Statute of an International Criminal Court written by and published by . This book was released on 1998 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bioethics and the Patent Eligibility of Human Embryonic Stem Cells Related Inventions in Europe written by Ali Seyhan Ugurlu and published by . This book was released on 2014-08-01 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Study on the Patenting of Inventions Related to Human Stem Cell Research written by Geertrui van Overwalle and published by . This book was released on 2002 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. Human stem cell technology - 2. Patents on human stem cells - 3. Patent law and human stem cells - 4. Routes for reflection.
Download or read book The Ripple Effect of Intellectual Property Policy written by Yael Bregman-Eschet and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dramatic shifts in intellectual property in recent years have created an intense debate over their potential impact on research and development. While some commentators believe that game-changing legal decisions will only carry limited impact on research and developments, others have argued that such legal shifts may increase the chilling effect of uncertainty on research. This Article adds to this debate by providing empirical evidence of a ripple effect of intellectual property policy changes. The Article focuses on stem cell research as a case study. This is a highly promising, yet controversial line of research, embedding ethical, legal, and financial dilemmas, leading to frequent policy changes and legal uncertainty. The Article tracks changes in U.S. and European policies pertaining to patent rights and public funding and examines their impact on research and development. We report the findings of a comprehensive empirical study of stem cell patent applications filed between 1990-2013 in the U.S. Patent and Trademark Office, the European Patent Office, and through the Patent Cooperation Treaty. Our findings indicate that a 2004 European decision, holding that human embryonic stem cells are not patentable in the European Patent Office, had a broad effect on patent filing in the entire stem cell field, extending to non-embryonic stem cell inventions. At the same time, changes in American stem cell federal funding policies did not influence stem cell research as dramatically. These findings are particularly striking as they shows that game-changing decisions pertaining to intellectual property may cause an impact that is broader and wider than their intended scope. The findings indicate that local patent regulation may have a global effect on patent activity extending to research and development in other countries, and an extensive effect, exceeding its intended scope. The findings also suggest that legal uncertainty may cause a chilling effect on private investments in research and development, and that intellectual property policy has a differentiated impact, affecting the private and the public sectors differently. Collectively, we call these outcomes the ripple effect of intellectual property policy. The ripple effect of intellectual property policy calls for caution among judges and policymakers in making sharp policy shifts, since such shifts may involve some unintended consequences for research and development.
Download or read book Ethical Aspects of Patenting Inventions Involving Human Stem Cells written by and published by . This book was released on 2002 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Opinion on Ethical Aspects of Patenting Inventions Involving Human Stem Cells written by Grupo europeo dedicado a las cuestiones éticas en la ciencia y las nuevas tecnologías (Bruselas, Bélgica) and published by . This book was released on 2002 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Facing the Limits of the Law written by Erik Claes and published by Springer Science & Business Media. This book was released on 2009-04-21 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
Download or read book Patents and Venus written by Geertrui Van Overwalle and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade patent law has been in turmoil and has been seriously criticized. At present, serious concerns are being raised with regard to human embryonic stem cells and oocytes. Are the arguments put forward against patents for human genes similar to the objections raised against patents for human stem cells? Do human genes, human stem cells and human oocytes have a similar status in patent law? What are the legal claims and underlying ethical values put forward to argue in favour or against patent protection? The present paper aims at offering an answer to these delicate and intriguing questions. The paper is divided in three parts. Part 1 examines the state of play with regard to the patentability of oocytes from a twofold perspective. First, an overview of the daily patent granting practice in Europe and the US in this field is composed. Next, European patent legislation is carefully examined. Part 2 explores the patent regime for human embryonic stem cells and does so through a twofold lens as well. First, an updated survey of the European and US patent practices with regard to human stem cell technology in general, and human embryonic stem cells in particular is drafted. Then an overview of the current European patent framework for human stem cells is offered. In an effort to clarify the legal situation and the arguments put forward for and against patenting, the paper critically examines the recommendations laid down in the Opinion of the European Group on Ethics in Science and New Technologies (EGE). Part 3 looks into additional conditions for patenting human embryonic stem cells and examines the enforceability and scope of the prior informed consent requirement in a patent law context. The paper concludes that patents related to human oocytes and human embryonic stem cells are more easily granted in the US than in Europe. Along the same line, European legislation demonstrates a wide reluctance towards the patenting of human embryonic stem cells and oocytes. Appropriation of the female body through patents is considered unacceptable in Europe. Patents and Venus seem to be pretty incompatible.
Download or read book The Court of Justice of the European Union s Ruling on the Patentability of Human Embryonic Stem Cell Related Inventions Case C 34 10 written by M.i Schuster and published by . This book was released on 2012 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Novel Perspectives of Stem Cell Manufacturing and Therapies written by Diana Kitala and published by BoD – Books on Demand. This book was released on 2021-04-14 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1950s, Nobel Prize winner Dr. E. Donnall Thomas was the first to successfully transplant hematopoietic stem cells. Since then, studies on stem cells have evolved and expanded worldwide. There are more than 650,000 scientific publications on stem cells and more than 8000 stem cell clinical trials. This book summarizes types of stem cells, key studies, ongoing trials, and future perspectives. It also includes ethical, formal, and legal aspects to give the reader a comprehensive view of the field.
