Download Biotechnology and Intellectual Property Rights: Legal and by Kshitij Kumar Singh PDF

By Kshitij Kumar Singh

This ebook deals a beneficial contribution to modern criminal literature, offering deep insights into the interface among legislation and genetics, highlighting rising matters and supplying significant options to present difficulties. will probably be of curiosity to a large readership, together with teachers, legal professionals, coverage makers and students engaged in interdisciplinary research.
In the context of analyzing and examining the felony and social implications bobbing up from the new conjunction of biotechnology and highbrow estate rights, the booklet relatively makes a speciality of human genes and gene diversifications. Emphasis is put on “patent law,” as a substantial percent of genetic innovations are lined through patents. The publication provides a comparative and demanding exam of patent legislation and practices regarding biotechnology patents within the usa, Canada, eu Union and India, which will assemble the typical matters and the variations among them. The foreign patent procedure relating to biotechnology is additionally analyzed in gentle of the consistent clash among differentiation and harmonization of patent legislation. The booklet highlights the aptitude gaps and uncertainties as to the scope of various phrases resembling invention, microorganisms, microbiological tactics, and crucial organic tactics below journeys. additionally analyzed are the social and coverage implications of patents with regards to genetic study instruments and genetic checking out. The intricacies occupied with offering powerful highbrow estate safeguard to bioinformatics and genomic databases also are tested. making an allowance for the collaborative nature of bioinformatics and genomic databases, the ebook evaluates the professionals and cons of open biotechnology and assesses the consequences of extending highbrow estate rights to human genetic assets, sooner than explaining the possession puzzle bearing on human genetic fabric utilized in genetic research.

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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.

18 Apart from subject matter, modern biotechnological advances have posed new challenges before the existing patentability criteria such as novelty, non-obviousness, utility etc. 3 Human Genetic Patents: A Special and Controversial Case of Biotechnology Patents There are groups which see the patenting of life forms such as human gene plainly wrong; there are some others who do not consider it necessarily wrong but in terms of its consequences. 19 The opposition was driven by a variety of concerns including effects of such patenting on the environment, animal welfare, sustainable development, public health and Burk (1991).

At 195. 48 Klein (2007). 49 Boettiger and Bennet (2006). 2 Patentability of Biotechnology in the USA 25 The third major development was the establishment of the Court of Appeal for Federal Circuit (CAFC) by the Congress in 1982. The establishment was backed by a large group of high technology firms and trade associations in the telecommunications, computer and pharmaceutical industries, believing that a court devoted to patent cases would better represent its interest. 51 The CAFC has adopted a pro-patent approach which allows for the protection of biotechnology inventions.

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