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 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 Intellectual Property Law written by Tanya Frances Aplin and published by Oxford University Press. This book was released on 2017 with total page 983 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides a full and clear exposition of the fundamentals of intellectual property law in the UK. It combines excerpts from cases and a broad range of secondary works with insightful commentary from the authors which will situate the law within a wider international, comparative and political context.

Download or read book European Patent Law written by Duncan Matthews and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-10-04 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.

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 Intellectual Property Law Text Cases and Materials written by Tanya Aplin and published by Oxford University Press, USA. This book was released on 2013-08-29 with total page 939 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a full and clear exposition of the fundamentals of intellectual property law in the UK. It combines excerpts from cases and a broad range of secondary works with insightful commentary from the authors which will situate the law within a wider international context.

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.

Download or read book Human Medical Research written by Jan Schildmann and published by Springer Science & Business Media. This book was released on 2012-03-12 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical research involving human subjects has contributed to considerable advancements in our knowledge, and to medical benefits. At the same time the development of new technologies as well as further globalisation of medical research raises questions that require the attention of researchers from a range of disciplines. This book gathers the contributions of researchers from nine different countries, who analyse recent developments in medical research from ethical, historical, legal and socio-cultural perspectives. In addition to reflections on innovations in science such as genetic databases and the concept of “targeted therapy” the book also includes analyses regarding the ethico-legal regulation of new technologies such as human tissue banking or the handling of genetic information potentially relevant for participants in medical research. Country and culture-specific aspects that are relevant to human medical research from a global perspective also play a part. The value of multi- and interdisciplinary analysis that includes the perspectives of scholars from normative and empirical disciplines is a shared premise of each contribution.

Download or read book Holyoak and Torremans Intellectual Property Law written by Paul Torremans and published by Oxford University Press, USA. This book was released on 2013-06-13 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: Holyoak and Torremans Intellectual Property Law provides a complete introduction and overview of UK intellectual property law. It examines how the law has developed through key statutory provisions and leading cases, and highlights the increasing influence of the EU and other international jurisdictions in shaping the law in its global context.

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 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 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 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 The EU Charter of Fundamental Rights written by Steve Peers and published by Bloomsbury Publishing. This book was released on 2021-11-18 with total page 2013 pages. Available in PDF, EPUB and Kindle. Book excerpt: “..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.

Download or read book Human Germline Genome Modification and the Right to Science written by Andrea Boggio and published by Cambridge University Press. This book was released on 2022-06-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The advent of the CRISPR/Cas9 class of genome editing tools is transforming not just science and medicine, but also law. When the genome of germline cells is modified, the modifications could be inherited, with far-reaching effects in time and scale. Legal systems are struggling with keeping up with the CRISPR revolution and both lawyers and scientists are often confused about existing regulations. This book contains an analysis of the national regulatory framework in eighteen selected countries. Written by national legal experts, it includes all major players in bioengineering, plus an analysis of the emerging international standards and a discussion of how international human rights standards should inform national and international regulatory frameworks. The authors propose a set of principles for the regulation of germline engineering, based on international human rights law, that can be the foundation for regulating heritable gene editing both at the level of countries as well as globally.

Download or read book Dutfield and Suthersanen on Global Intellectual Property Law written by Graham Dutfield and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: A much-anticipated new edition of this acclaimed work on intellectual property (IP) in its global context. With intelligent and insightful coverage of IP law from international and comparative perspectives this second edition has been thoroughly revised and expanded. This unique textbook presents the main IP rights, identifying their basic features and tracing their evolution up to the present day by reference to statutes, cases and international treaties.