By Kshitij Kumar Singh
This ebook bargains a invaluable contribution to modern felony literature, offering deep insights into the interface among legislation and genetics, highlighting rising matters and offering significant ideas to present difficulties. it will likely be of curiosity to a huge readership, together with lecturers, legal professionals, coverage makers and students engaged in interdisciplinary research.
In the context of analyzing and studying the criminal and social implications bobbing up from the new conjunction of biotechnology and highbrow estate rights, the publication quite specializes in human genes and gene diversifications. Emphasis is put on “patent law,” as a substantial percent of genetic innovations are coated via patents. The booklet offers a comparative and significant exam of patent legislation and practices on the topic of biotechnology patents within the usa, Canada, eu Union and India, for you to assemble the typical concerns and the variations among them. The overseas patent method concerning biotechnology can also be analyzed in gentle of the consistent clash among differentiation and harmonization of patent legislation. The publication highlights the capability gaps and uncertainties as to the scope of diverse phrases akin to invention, microorganisms, microbiological methods, and crucial organic strategies below journeys. additionally analyzed are the social and coverage implications of patents on the subject of genetic examine instruments and genetic checking out. The intricacies keen on offering potent highbrow estate defense to bioinformatics and genomic databases also are tested. taking into consideration the collaborative nature of bioinformatics and genomic databases, the booklet evaluates the professionals and cons of open biotechnology and assesses the results of extending highbrow estate rights to human genetic assets, earlier than explaining the possession puzzle referring to human genetic fabric utilized in genetic research.
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Extra resources for Biotechnology and Intellectual Property Rights: Legal and Social Implications
130 (1948); O’Reilly v. Morse,15 How. 62,56 U. S. 112-121 (1854); Le Roy v. Tatham,14 How. 156,55 U. S. 175 (1853) Le Roy v. Tatham,14 How. S. 175 (1853). 2 Patentability of Biotechnology in the USA 29 Thus, a new mineral discovered in the earth or a new plant found in the wild is not patentable subject matter. Likewise, Einstein could not patent his celebrated law that E = mc2; nor could Newton have patented the law of gravity. 83 In the light of such exclusions, the court found Chakrabarty’s microorganisms plainly patentable: Judged in this light, respondent’s micro-organism plainly qualifies as patentable subject matter.
Keeping in view the divergence in intellectual property laws and their practice among various countries, the book analyses the intellectual property laws and trends relating to genetic technology of the USA, European Union, Canada and India. A detailed study of the USA is pertinent because being a pioneer in biotechnology research; it exerts great influence upon other countries. The European Union reflects the unified approach of different member states in a politically diversified system. The study of Canada becomes important because of its distinct approach regarding patenting of higher life forms despite having almost similar patent law to the USA.
In this chapter, the author undertakes a detailed study of Myriad Genetics’ patents on BRCA1 and BRCA2 genes, which prevents patients from taking a second opinion and verification testing. The author maintains that the social and policy implications of patents on genetic research tools and genetic testing cannot be adequately addressed only by making changes in the patent systems as patent law is not expected to provide solution to broad social and policy issues. He insists upon formulating policies and making legislations specific to genetic patents to regulate the patent practices such as patent licensing in order to provide viable solutions to such issues.
Biotechnology and Intellectual Property Rights: Legal and Social Implications by Kshitij Kumar Singh