Biotechnology And Intellectual Property Rights
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Biotechnology And Intellectual Property Rights
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Author : Kshitij Kumar Singh
language : en
Publisher: Springer
Release Date : 2014-10-27
Biotechnology And Intellectual Property Rights written by Kshitij Kumar Singh and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-27 with Law categories.
This book offers a valuable contribution to contemporary legal literature, providing deep insights into the interface between law and genetics, highlighting emerging issues and providing meaningful solutions to current problems. It will be of interest to a broad readership, including academics, lawyers, policy makers and scholars engaged in interdisciplinary research. In the context of examining and analyzing the legal and social implications arising from the recent conjunction of biotechnology and intellectual property rights, the book particularly focuses on human genes and gene variations. Emphasis is placed on “patent law,” as a considerable percentage of genetic inventions are covered by patents. The book presents a comparative and critical examination of patent laws and practices related to biotechnology patents in the United States, Canada, European Union and India, in order to gather the common issues and the differences between them. The international patent approach regarding biotechnology is also analyzed in light of the constant conflict between differentiation and harmonization of patent laws. The book highlights the potential gaps and uncertainties as to the scope of numerous terms such as invention, microorganisms, microbiological processes, and essential biological processes under TRIPS. Also analyzed are the social and policy implications of patents relating to genetic research tools and genetic testing. The intricacies involved in providing effective intellectual property protection to bioinformatics and genomic databases are also examined. Bearing in mind the collaborative nature of bioinformatics and genomic databases, the book evaluates the pros and cons of open biotechnology and assesses the implications of extending intellectual property rights to human genetic resources, before explaining the ownership puzzle concerning human genetic material used in genetic research.
Intellectual Property Rights In Agricultural Biotechnology
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Author : Frederic H. Erbisch
language : en
Publisher: Oxford University Press, USA
Release Date : 1998
Intellectual Property Rights In Agricultural Biotechnology written by Frederic H. Erbisch and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
During the last twenty years, biotechnology has revolutionized agricultural research. The enormous potential, together with a landmark decision by the US Supreme Court to allow the patenting of genetically-engineered organisms, has encouraged the private sector to invest heavily in research, resulting in the rapid growth of a multi-million dollar industry. These changes have influenced the way in which information and materials are exchanged and combined with developments in global agricultural research have resulted in a worldwide need for scientists to be educated in the implications of intellectual property rights. This book presents definitive information on intellectual property law in a simplified form (with a minimum of legal jargon) not available in other texts on the subject. The first section begins with an introductory chapter and goes on to consider diverse issues including protection, transference and capacity building, both at the national and institutional level. The second section consists of eleven country and regional case studies from around the world which track the international variation in intellectual property law and its application to agricultural biotechnology. The presentation is intended for both scientists and policy makers in industrialized and developing nations.
Intellectual Property And Biotechnology
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Author : Matthew Rimmer
language : en
Publisher: Edward Elgar Pub
Release Date : 2008
Intellectual Property And Biotechnology written by Matthew Rimmer and has been published by Edward Elgar Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
'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 International Law Of Biotechnology
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Author : Matthias Herdegen
language : en
Publisher: Edward Elgar Publishing
Release Date :
The International Law Of Biotechnology written by Matthias Herdegen and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with Biotechnology categories.
Biotechnology is a field that inspires complex legal and ethical debates on an international scale. Taking a fresh approach to the subject, Matthias Herdegen provides a comprehensive assessment of the regulation of biotechnology processes and products from an international and comparative perspective.
Intellectual Property Rights Trade And Biodiversity
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Author : Graham Dutfield
language : en
Publisher: Earthscan
Release Date : 2000
Intellectual Property Rights Trade And Biodiversity written by Graham Dutfield and has been published by Earthscan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
This text examines the international agreements governing trade in genetic resources - crucial resources for world agriculture, food security and large industries such as pharmaceuticals. Intellectual Property Rights (IPRs) in these resources are critical for those involved in the trade, including industry and developing countries. The book analyzes the Convention on Biological Diversity (CBD), World Trade Organization agreements and other agreements. It explains how they can be integrated into an equitable training regime.
Biotechnology And International Law
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Author : Francesco Francioni
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-06-15
Biotechnology And International Law written by Francesco Francioni and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-06-15 with Law categories.
As with any rapid technological development, the biotechnology revolution is putting great strains on the ability of law to adapt to new challenges and threats. Although there is general agreement on the need to regulate biotechnology in many different fields of human activity (agriculture, life sciences, forensic science) domestic law remains deeply divided over the best approach to take. This book is the first attempt at covering the most pressing legal issues raised by the impact of biotechnologies on different categories of international norms. Through the contribution of a selected group of international scholars and experts from international organizations, the book addresses 1) the international status of genetic resources, both in areas of national jurisdiction and in common spaces such as the international sea bed area and Antarctica; 2) the relevance of environmental principles in the governance of modern biotechnologies; 3) the impact of biotechnologies on trade rules, including intellectual property law; 4) the human rights implications, especially in the field of human genetics; and 5) the intersection between general international law and regional systems, especially those developed in Europe and Latin America. The overall objective of the book is to provide an up-to-date picture of international law as it stands today and to stimulate critical reflection and further research on the solutions that will be required in years to come.
Intellectual Property Rights And Food Security
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Author : Michael Blakeney
language : en
Publisher: CABI
Release Date : 2009
Intellectual Property Rights And Food Security written by Michael Blakeney and has been published by CABI this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Social Science categories.
This book examines the contribution which intellectual property rights can make in the struggle for food security in developing countries. The book consists of 11 chapters. Chapter 1 locates intellectual property rights within the armoury of food security policies. Chapter 2 deals with definitional issues and examines the role of intellectual property rights in incentivizing agricultural research and development. Chapter 3 examines the international landscape of intellectual property and the approaches taken to the relationship between intellectual property rights, agricultural biotechnology, access to biological resources, food security and globalization which are taken by the WTO, FAO, CBD and WIPO among the various international and development agencies. Plant variety rights (PVRs) are a specially created form of intellectual property right originally minted to encourage agricultural innovation and Chapter 4 examines the effectiveness of PVRs in a food security context. Agricultural innovation is in part dependent upon access of researchers to the genetic resources of the biodiverse countries of the South. Chapter 5 considers the attempts to construct an international regime to secure this access. The important role of traditional farmers in preserving landraces and cultivars from which improvements can be derived has generated for a call for the recognition of farmers' rights, and this is examined in Chapter 6 together with agitation for the protection of the traditional knowledge which often informs access to the useful genetic resources. Chapter 7 examines the intellectual property implications of the use of genetically modified (GM) crops as a technological solution to food insecurity. The protection of GM crops is achieved through patent protection and Chapter 9 looks at the competition law implications of patent licensing, patent pools and patent thickets. An old intellectual property device that underpinned the commercial development of European agricultural marketing is the geographical indication, and Chapter 8 examines the contribution it might make to achieving food security. Returning to the theme of the role of intellectual property law in incentivizing innovation, Chapter 10 examines its role in promoting agricultural research. The concluding chapter proposes a number of recommendations for action in deploying intellectual property law in the struggle for food security.
Patents On Life
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Author : Thomas C. Berg
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-26
Patents On Life written by Thomas C. Berg and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-26 with Law categories.
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.
The Role Of Intellectual Property Rights In Agriculture And Allied Sciences
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Author : Chandan Roy
language : en
Publisher: CRC Press
Release Date : 2018-07-17
The Role Of Intellectual Property Rights In Agriculture And Allied Sciences written by Chandan Roy and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-17 with Science categories.
This important volume provides a basic understanding of the different forms of intellectual property rights in agricultural science. It provides an abundance of information on the use of IP laws in agriculture and allied subjects and their proper implementation in real-life practice. The chapter authors discuss different kinds of IP laws and their current status in developed as well as developing countries throughout the world. The protection of biological resources is crucial for food security for future generations. Biological resources are the source of several important genes. Researchers are interested in the development of plant varieties that can increase crop production, withstand dramatic climatic changes, etc. Protecting intellectual property rights in plant varieties and the rights of farmers and others are discussed in this volume. It also looks at new trends and developments in the field involving new IP strategies and the application of IP laws in agriculture and biotechnology and in the management of plant genetic resources.