Download or read book The Court of Justice of the European Union Clarifies When Human Embryonic Stem Cells Can Be Patented written by Enrico Bonadio and published by . This book was released on 2015 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 18 December 2014, in International Stem Cell Corporation v. Comptroller General of Patents, Designs and Trade Marks (C-364/13), the Court of Justice of the European Union (CJEU) delivered an important decision regarding the scope of the exclusion from patentability on morality-related grounds under Article 6(2) of the EU Biotech Directive.The Court made an important distinction between embryonic stem cell technologies based on fertilised human ovum and those based on unfertilised human ovum stimulated by parthenogenesis. The CJEU held, in particular, that a human ovum: (i) who is unfertilized and (ii) whose division and further development has been stimulated by parthenogenesis, is not a human embryo under Article 6(2)(c) of the Biotech Directive, if it in itself has not the inherent capacity of developing into a human being, this matter to be ascertained by the national court in the light of current scientific knowledge.By doing so, the Court clarified its previous ruling in Brüstle (October 2011).

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 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 Embryonic Stem Cells and the Law written by Joshua Weiser and published by Springer Nature. This book was released on with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Stem Cell Dialogues written by Sheldon Krimsky and published by Columbia University Press. This book was released on 2015-06-23 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stem cells and the emerging field of regenerative medicine are at the frontiers of modern medicine. These areas of scientific inquiry suggest that in the future, damaged tissue and organs might be repaired through personalized cell therapy as easily as the body repairs itself, revolutionizing the treatment of numerous diseases. Yet the use of stem cells is fraught with ethical and public policy dilemmas that challenge scientists, clinicians, the public health community, and people of good will everywhere. How shall we deal with these amazing biomedical advances, and how can we talk about potential breakthroughs with both moral and scientific intelligence? This book provides an innovative look at these vexing issues through a series of innovative Socratic dialogues that elucidate key scientific and ethical points in an approachable manner. Addressing the cultural and value issues underlying stem cell research while also educating readers about stem cells' biological function and medical applications, Stem Cell Dialogues features fictional characters engaging in compelling inquiry and debate. Participants investigate the scientific, political, and socioethical dimensions of stem cell science using actual language, analysis, and arguments taken from scientific, philosophical, and popular literature. Each dialogue centers on a specific, recognizable topic, such as the policies implemented by the George W. Bush administration restricting the use of embryonic stem cells; the potential role of stem cells in personalized medicine; the ethics of cloning; and the sale of eggs and embryos. Additionally, speakers debate the use of stem cells to treat paralysis, diabetes, stroke effects, macular degeneration, and cancer. Educational, entertaining, and rigorously researched (with 300 references to scientific literature), Stem Cell Dialogues should be included in any effort to help the public understand the science, ethics, and policy concerns of this promising field.

Download or read book Mason and Mccall Smith s Law and Medical Ethics written by GRAEME. HARMON LAURIE (SHAWN. DOVE, EDWARD.) and published by . This book was released on 2019-04-18 with total page 775 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic textbook focuses on medical law and its relationship with medical practice and modern ethics. It provides thorough coverage of all of the topics found on medical law courses, and in depth analysis of recent court decisions, encouraging students to think analytically about the subject.

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 Biotechnological Inventions and Patentability of Life written by Andrea Stazi and published by Edward Elgar Publishing. This book was released on 2015-05-29 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: In todayês technological world, biotechnology is one of the most innovative and highly invested-in industries for research, in the field of science. This book analyses the forms and limitations of patent protection recognition for biotechnological inve

Download or read book Bioproperty Biomedicine and Deliberative Governance written by Katerina Sideri and published by Routledge. This book was released on 2016-04-08 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biomedical patents have been the subject of heated debate. Regulatory agencies such as the European Patent Office make small decisions with big implications, which escape scrutiny and revision, when they decide who has access to expensive diagnostic tests, whether human embryonic stem cells can be traded in markets, and under what circumstances human health is more important than animal welfare. Moreover, the administration of the Trade Related Aspects of Intellectual Property Rights by the World Trade Organization has raised considerable disquiet as it has arguably created grave health inequities. Those doubting the merits of the one size fits all approach ask whether priority should be given to serving the present needs of populations in dire need of medication or to promoting global innovation. The book looks in detail into the legal issues and ethical debates to ask the following three main questions: First, what are the ideas, goals, and broader ethical visions that underpin questions of governance and the legal reasoning employed by administrative agencies? Second, how can we democratize the decision making process of technocratic institutions such as the European Patent Office? Finally, how can we make the global intellectual property system more equitable? In answering these questions the book seeks to contribute to our understanding of the role and function of regulatory agencies in the regulation of the bioeconomy, explains the process of interpretation of legal norms, and proposes ways to rethink the reform of the patent system through the lens of legitimacy.

Download or read book The Impact of Science and Technology on the Rights of the Individual written by Nicola Lucchi and published by Springer. This book was released on 2016-06-14 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume is devoted to the relevant problems in the legal sphere, created and generated by recent advances in science and technology. In particular, it investigates a series of cutting-edge contemporary and controversial case-studies where scientific and technological issues intersect with individual legal rights. The book addresses challenging topics at the intersection of communication technologies and biotech innovations such as freedom of expression, right to health, knowledge production, Internet content regulation, accessibility and freedom of scientific research.

Download or read book The Unitary EU Patent System written by Justine Pila and published by Bloomsbury Publishing. This book was released on 2015-03-26 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to explore the key substantive, methodological, and institutional issues raised by the proposed unitary EU patent system contained in EU Regulations 1257/2012 and 1260/2012 and the Unified Patent Court Agreement 2013. The originality of this work lies in its individual contributions and uniquely broad approach, taking six different (historical, constitutional, international, competition, institutional and forward-looking) perspectives on the proposed patent system. This means that the book offers a multi-authored and all round legal appraisal of the proposed unitary system from experts in patent law, EU constitutional law, private international law, and competition law, as well as leading figures from the worlds of legal practice, the bench, and the European Patent Office. The unitary patent system raises issues of foundational importance in the fields of patent and intellectual property law, EU law and legal harmonization, which it is the purpose of the book to engage with. This is a work which will enjoy wide and enduring interest among academics, policy makers and decision makers/practitioners working in patent law, intellectual property law, legal harmonization, and EU law.

Download or read book Pharmaceutical Innovation Competition and Patent Law written by Josef Drexl and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public health, safety and access to reasonably priced medicine are common policy goals of pharmaceutical regulations. As both the context for innovation and competitive structure change, industry actors dynamically challenge the balance between the incentive for protection and the achievement of those policy goals. Considering the arguments from the perspectives of innovation, competition law and patent law, this book explores the difficult question of balancing protection with access, highlighting the difficulties in harmonization and coordination. The contributors to this book, including academics, judges and practitioners from Europe, the US and Japan, explore to what extent patent strategies and life-cycle management practices take advantage of patent laws and health-care regulation and disrupt the necessary balance between incentives for innovation and access to affordable medicine and health care. Addressing fundamental questions in the field of pharmaceutical innovation, this book will appeal to scholars and practitioners in intellectual property, competition law and life sciences regulation, as well as pharmaceutical companies and regulators.

Download or read book Patent Management written by Oliver Gassmann and published by Springer Nature. This book was released on 2020-11-28 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of the common concepts and building blocks of patent management. It addresses executives in the areas of innovation, R & D, patent and intellectual property management as well as academics and students.The authors give valuable information on the characteristics of patent and intellectual property management, based on the collaboration with companies and organizations from Europe, China, Japan, Argentina, Brazil, India, Canada and the US. A reference for managers who want to bring information technology innovation with a clear intellectual property strategy to the market. A very readable book. Thomas Landolt, Managing Director, IBM A really comprehensive, all-in book about Patents – strategy, value, management and commercialization. And not forgetting what they are for – foster innovation. Dr. Joerg Thomaier, Head of IP Bayer Group

Download or read book European Union Law written by Catherine Barnard and published by Oxford University Press, USA. This book was released on 2014 with total page 929 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook offers students a relevant, case-focused account of EU law. Under the experienced editorship of Catherine Barnard and Steve Peers, it draws together a range of perspectives on EU law designed to introduce students to the key debates and case law which shape this vast subject.

Download or read book Intellectual Property and Emerging Technologies written by Matthew Rimmer and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique and comprehensive collection investigates the challenges posed to intellectual property by recent paradigm shifts in biology. It explores the legal ramifications of emerging technologies, such as genomics, synthetic biology, stem cell research, nanotechnology, and biodiscovery. Extensive contributions examine recent controversial court decisions in patent law such as Bilski v. Kappos, and the litigation over Myriad's patents in respect of BRCA1 and BRCA2 while other papers explore sui generis fields, such as access to genetic resources, plant breeders' rights, and traditional knowledge. The collection considers the potential and the risks of the new biology for global challenges such as access to health-care, the protection of the environment and biodiversity, climate change, and food security. It also considers Big Science projects such as biobanks, the 1000 Genomes Project, and the Doomsday Vault. The inter-disciplinary research brings together the work of scholars from Australia, Canada, Europe, the UK and the US and involves not only legal analysis of case law and policy developments, but also historical, comparative, sociological, and ethical methodologies. Intellectual Property and Emerging Technologies will appeal to policy-makers, legal practitioners, business managers, inventors, scientists and researchers.

Download or read book Stem Cell Processing written by Phuc Van Pham and published by Springer. This book was released on 2016-10-18 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This invaluable resource delineates procedures for development and use of stem cells in the laboratory and explores the potential for clinical applications. The text discusses mesenchymal stem cell isolation, isolation of adipose derived stem cells, new trends of induced pluripotent stem cells in disease treatment, cord blood banking, future directions of the discussed therapies and much more. The chapters are contributed by preeminent scientists in the field and present a comprehensive picture of stem cell processes, from development in the laboratory to effects and side-effects of clinical application. Stem Cell Processing and the other books in the Stem Cells in Clinical Applications series, edited by Dr. Phuc Van Pham, is essential reading for scientists, researchers, advanced students and clinicians working in stem cells, regenerative medicine or tissue engineering.

Download or read book Patents on Life written by Thomas C. Berg and published by Cambridge University Press. This book was released on 2019-10-24 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique collection of legal, religious, ethical, and political perspectives on debates surrounding biotechnology patents or 'patents on life'.