Patenting Life Forms Law And Practice

The advent of modern biotechnology has seen the proliferation of the use of life forms for the creation of products. In tandem with this development, patent over life forms have grown proportionately as the biotechnology industry seeks to protect its investment. This has spawned a debate about the propriety of patenting life forms. This book explores the issues surrounding such patenting. There is a need to identify the reasons for the growth of such patenting, the issues raised, the concerns dealing with such patenting and the way in which countries, especially leading patent countries have sought to resolve the competing views.

Patent over life forms have grown proportionately as the biotechnology industry seeks to protect its investment. This has spawned a debate about the propriety of patenting life forms.

Patenting Lives includes contributions from various interests and perspectives, both in the context of current international developments in life patents and the global agenda of harmonization of international intellectual property. The book is divided into five sections reflecting the critical issues arising from patents and biotechnology - Context; Human Rights and Ethical Frameworks; Medicine and Public Health; Traditional Knowledge; and Agriculture. The international contributors from government, civil society, academia and the private sector provide diverse perspectives on life patents and the facilitation of social, cultural and economic development in the context of international principles of trade.

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.

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 author has done an excellent job by explaining the subject in an open and accessible manner. This book is a timely and very thought-provoking analysis of patent law and biotechnology. . . The book is a unique theoretical contribution to the controversial public debate over commercialization of biological inventions. . . there is an extensive bibliography. . . a valuable resource for further reading. The book will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists. Journal of Intellectual Property Rights Rimmer s book is highly recommended for anyone interested in the issues and debate related to biological inventions, regardless of which side the reader is on. Stefan M. Miller, Journal of Commercial Biotechnology . . . this book gives an excellent account of the most celebrated biotechnology cases from three continents, and for this alone is to be thoroughly recommended. David Rogers, European Intellectual Property Review Rimmer has put a great deal of thought and effort into this series of chapters. For those looking at how to reform, direct and develop laws in relation to biotechnology, this book is brimming with ideas, suggestions and recommendations of what to do next. Rebecca Halford-Harrison, Chartered Institute of Patent Attorneys . . . an excellent introduction to a wide range of legal thinking in an increasingly controversial and relevant area to humankind. Sharon Givoni, Australian Intellectual Property Law Bulletin Rimmer s new book is a timely and very thought-provoking analysis of patent law and biotechnology and asks a very serious question: can a 19th century patent system adequately deal with a 21st century industry? Kate McDonald, Australian Life Scientist This book documents and evaluates the dramatic expansion of intellectual property law to accommodate various forms of biotechnology from micro-organisms, plants, and animals to human genes and stem cells. It makes a unique theoretical contribution to the controversial public debate over the commercialization of biological inventions. The author also considers the contradictions between the Supreme Court of Canada rulings in respect of the Harvard oncomouse, and genetically modified canola. He explores law, policy, and practice in both Australia and New Zealand in respect to gene patents and non-coding DNA. This study charts the rebellion against the European Union Biotechnology Directive particularly in respect of Myriad Genetics BRCA1 and BRCA2 patents, and stem cell patent applications. The book also considers whether patent law will accommodate frontier technologies such as bioinformatics, haplotype mapping, proteomics, pharmacogenomics, and nanotechnology. Intellectual Property and Biotechnology will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists.

Essay from the year 2008 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1, University of Bremen, course: Seminar, 54 entries in the bibliography, language: English, abstract: Major industries relating to inventions in marine biotechnology increasingly apply for patents. Most patents are applied for inventions that are derived from terrestrial biotechnology. However, it is recognized that marine biotechnology offers a high potential to yield inventions as well. Marine biotechnology can be divided into two main areas. First, development of commercially viable drugs obtained from marine bioprospecting and, second, development of marine genetically modified organisms for aquacultural and environmental purposes. A patent means intellectual protection for an invention. Intellectual protection confers the exclusive right upon the patent holder to sell the right of utilization of the invention to interested parties. The selling of licenses provide one important way of receiving revenues for the research done for the invention. The prospect of potential revenues provide the incentive for investment into biotechnological research and subsequent patenting of inventions arising thereof. The overall aim of this work is to illustrate the close interrelationship of science and law by using marine biotechnology and patents as an example. Section two provides an overview on the scientific side of marine biotechnology. It will define marine biotechnology and investigate current advancements in marine biotechnology. Additionally, it roughly explains the international patent system governing inventions in the biotechnological area and provide examples on patents related to marine biotechnology. Section three illustrates the criticism expressed against life form patents in marine as well as terrestrial biotechnology. It will describe the most important cases that have fueled controversial debates on life form patents until today. [...]