Gene Patents And Collaborative Licensing Models
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Gene Patents And Collaborative Licensing Models
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Author : Geertrui van Overwalle
language : en
Publisher: Cambridge University Press
Release Date : 2009-06-11
Gene Patents And Collaborative Licensing Models written by Geertrui van Overwalle 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 2009-06-11 with Law categories.
The cost of patent licenses needed to design a new genetic test or treatment may ultimately prevent research projects getting started, as individual components are protected by different patent owners. This book examines legal measures which might be used to solve the problem of fragmentation of patents in genetics.
Gene Patents And Collaborative Licensing Models
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Author : Geertrui Van Overwalle
language : en
Publisher:
Release Date : 2015
Gene Patents And Collaborative Licensing Models written by Geertrui Van Overwalle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
Concerns have been expressed that gene patents might result in restricted access to research and health care. The exponential growth of patents claiming human DNA sequences might result in patent thickets, royalty stacking and, ultimately, a 'tragedy of the anti-commons' in genetics. The essays in this book explore models designed to render patented genetic inventions accessible for further use in research, diagnosis or treatment. The models include patent pools, clearing house mechanisms, open source structures and liability regimes. They are analysed by scholars and practitioners in genetics, law, economics and philosophy. The volume looks beyond theoretical and scholarly analysis by conducting empirical investigation of existing examples of collaborative licensing models. Those models are examined from a theoretical perspective and tested in a set of operational cases. This combined approach is unique in its kind and prompts well founded and realistic solutions to problems in the current gene patent landscape. • Descriptions of major models currently used to deal with patent thickets enable the reader to develop a complete view of the models and evaluate existing operational examples • Case studies describe how each model functions, and the critical evaluations enable the reader to compare the advantages and disadvantages of the various models • Concluding chapters analyse and compare solutions put forward by the various authors, thereby examining openings for the future.
Book Review
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Author : Jonas Anderson
language : en
Publisher:
Release Date : 2017
Book Review written by Jonas Anderson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
A review of Gene Patents and Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models and Liability Regimes. The typically esoteric world of patents has recently been thrust into the headlines as cases involving patented genes have received an unprecedented amount of press. For decades, academics, scientists, practicing attorneys, and legislators have vigorously debated the merits of granting patents on genes and medical diagnostic procedures. Only recently, however, have the courts entered the fray. For example, in March 2010, Judge Sweet of the U.S. District Court for the Southern District of New York handed down a ruling that invalidated a number of patents covering the BRCA genes that signal an increased likelihood of developing breast cancer. Judge Sweet's ruling held that the patent claims on the BRCA genes were directed to unpatentable “product of nature.” A few months later in a separate case, the U.S Court of Appeals for the Federal Circuit, following a grant-vacate-remand from the Supreme Court, upheld the validity of a patented method for determining a proper drug dosage level based on a patient's metabolite levels. The courts' entrance into the debate surrounding patenting of human genetic material and medical diagnostics has elicited interest from the full spectrum of public news outlets: from the New York Times to Nature magazine. It would seem that one, or perhaps both, of these cases will be heard at the Supreme Court. In any case, the contentiousness surrounding gene patenting and diagnostic patenting is unlikely to subside any time soon.
Research Handbook On Intellectual Property And The Life Sciences
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Author : Duncan Matthews
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-06-30
Research Handbook On Intellectual Property And The Life Sciences written by Duncan Matthews 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 2017-06-30 with Law categories.
Intellectual property (IP) is a key component of the life sciences, one of the most dynamic and innovative fields of technology today. At the same time, the relationship between IP and the life sciences raises new public policy dilemmas. The Research Handbook on Intellectual Property and the Life Sciences comprises contributions by leading experts from academia and industry to provide in-depth analyses of key topics including pharmaceuticals, diagnostics and genes, plant innovations, stem cells, the role of competition law and access to medicines. The Research Handbook focuses on the relationship between IP and the life sciences in Europe and the United States, complemented by country-specific case studies on Australia, Brazil, China, India, Japan, Kenya, South Africa and Thailand to provide a truly international perspective.
Quality Issues In Clinical Genetic Services
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Author : Ulf Kristoffersson
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-06-25
Quality Issues In Clinical Genetic Services written by Ulf Kristoffersson and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-25 with Medical categories.
Initially genetic disorders were all considered as rare diseases. At present, in the mid of 2009, the OMIM catalogue contains information on more than 12 000 entries of which about 2500 are available for clinical testing based on the identification of the responsible gene defect. However, altogether it has been estimated that about 8 percent of a population in the economically developed countries will during their lifetime suffer from a disease mainly as the result of their genetic constitution. Adding to that, it is estimated that all diseases have a genetic component, which will determine who will be at a higher than average risk for a certain disorder. Further it is postulated that in the near future, this genetic profiling could become useful in selecting an appropriate therapy adapted to the genetic constitution of the person. Thus, genetic disorders are not rare. Measuring quality of health care related processes became an issue in the 1990s, mainly in laboratory medicine, but also for hospitals and other health care systems. In many countries national authorities started to implement recommendations, guidelines or legal procedures regulating quality of health care delivery. In laboratory medicine, in parallel, the use of accreditation as a method assuring high quality standards in testing came in use. With the increasing possibilities of performing molecular genetic testing, genetic laboratories needed to become involved in this process. As many genetic disorders are rare, most laboratories worldwide offered analysis for a specific set of disorders, and, therefore, very early on a transborder flow of samples occurred. While international quality criteria (ISO) have been in existence for a number of years, the regulation of quality issues still may differ between countries. Based on their personal experience in the varying fields of quality research and clinical implementation of quality criteria in genetic services the authors of thisbook share their experience and give examples of the implementation of quality issues in national quality systems worldwide. This book, which is the result of the effort of many persons, is destined to aid laboratory managers and counsellors, health care managers and other stakeholders in national or international health care service to improve the services to the benefit of patients with suspected genetic disorders.
Individualism And Collectiveness In Intellectual Property Law
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Author : Jan Rosén
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012
Individualism And Collectiveness In Intellectual Property Law written by Jan Rosén 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 2012 with Law categories.
This title embraces fundamental, eternal and yet very contemporary elements in IP law dealt with in all parts of the world.
Research Handbook On Empirical Studies In Intellectual Property Law
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Author : Estelle Derclaye
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-07-01
Research Handbook On Empirical Studies In Intellectual Property Law written by Estelle Derclaye 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 2023-07-01 with Law categories.
This comprehensive Research Handbook explores empirical legal studies of intellectual property law. It covers research from four continents and offers unique conclusions to aid in the creation and understanding of policies and legislation.
User Generated Law
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Author : Thomas Riis
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-07-27
User Generated Law written by Thomas Riis 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 2016-07-27 with Business & Economics categories.
Engaging and innovative, User Generated Law offers a new perspective on the study of intellectual property law. Shifting research away from the study of statutory law, contributions from leading scholars explore why and how self-regulation of intellectual property rights in a knowledge society emerges and develops. Analysing examples of self-regulation in the intellectual property law based industries, this book evaluates to what extent user generated law is an accurate model for explaining and understanding this process.
Biotechnology And Software Patent Law
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Author : Arezzo, E. Ghidini, G.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011
Biotechnology And Software Patent Law written by Arezzo, E. Ghidini, G. 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 2011 with Law categories.
'The art of editing is to bring contributions together, which melt into one book. This is what Emanuela Arezzo and Gustavo Ghidini have achieved with their own critical mind by composing a book of papers, in which internationally renowned experts measure the tensions created for the patent system by the needs and problems of protecting biotechnological and software inventions. All together, they present a comparative law challenge to the very fundaments of patent protection. As such, they are or may become a "must read".' Hanns Ullrich, College of Europe, Bruges, Belgium 'Arezzo and Ghidini have put together a fine collection of essays addressing developments in patent law from general themes to emerging ones in the infotech and biotech sectors. It is notable that the international array of authors includes contributions from both established and rising young scholars, all of them ably tackling difficult issues that merit our attention.' Rudolph J.R. Peritz, New York Law School, US The new millennium has carried several challenges for patent law. This up-to-date book provides readers with an important overview of the most critical issues patent law is still facing today at the beginning of the twenty first century, on both sides of the Atlantic. New technological sectors have emerged, each one with its own features with regard to innovation process and pace. From the most controversial cases in biotech to the most recent decisions in the field of software and business methods patent, patent law has tried to stretch its boundaries in a way to accommodate such new and controversial subject matters into its realm. Biotechnology and Software Patent Law will strongly appeal to postgraduate students specializing in IP law, international law, commercial and business law, competition law as well as IP scholars, academics and lawyers.
The Law And Theory Of Trade Secrecy
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Author : Rochelle C. Dreyfuss
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011
The Law And Theory Of Trade Secrecy written by Rochelle C. Dreyfuss 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 2011 with Business & Economics categories.
This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships. The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment. This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law and environmental law will also find much to interest them in this book, as will innovation theorists.