Intellectual property (IP) is a key component of the life sciences, which is becoming one of the most dynamic and innovative fields of technology today. At the same time, the relationship between IP and the life sciences is raising new public policy dilemmas. The Research Handbook on Intellectual Property and the Life Sciences comprises contributions by leading experts from academia and industry that confront current debates and controversies at the intersection of IP and the life sciences through 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 first section of this book highlights the importance of IP for medicines and pharmaceuticals, discussing topics including gene patents, and the second section deals with agricultural sector issues such as plant innovations. The third section of the book covers areas of research and development in the life sciences, such as stem cell research, and raises questions about incorporating ethical considerations into patent law. While the primary focus of the book is on Europe and the United States, the fourth section includes country-specific case studies on Australia, Brazil, China, India, Japan, Kenya, South Africa and Thailand to provide a truly international perspective. This Research Handbook is written in an accessible style that will appeal to intellectual property law scholars, practitioners and experts in the life sciences who are interested in the legal implications of IP for the life sciences.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Preface Part I - Medicine and Pharmaceutics - 1. Patenting Biosimilars. 2. Patenting Diagnostics. 3. Patenting Human Genes in Europe- And how it compares to the US and Australia. 4. Patenting Human Genes in the United States. 5. An Exorbitant Monopoly: The High Court of Australia, Myriad Genetics, and Gene Patents. 6. Exclusivity for Biologics Part II - Agricultural Sector (Crop Sciences) - 7. Protection of Plant Innovations. 8. Patenting Non Transgenic Plants in the EU. 9. Non-Obvious Plants. 10. Transgenic Plants. 11. Convention on Biological Diversity and Regulatory Law as Plant Protection. 12. Patents on Native Traits: What Scope of Protection? Part III - Research and Development. 13. The European Union’s IP Policy and Funding of Stem Cell Research. 14. Stem Cell Patents in the United States. 15. Early Stage Patenting, the US Bayh-Dole Act, and the Anti-Commons Hypothesis. 16. IP in Research and Development Agreements. 17. Patent pools and clearinghouses in the life sciences: back to the future Part IV - Country Case Studies in IP and the Life Sciences - 18. Understanding the Brazilian Patent Reform. 19. IP protection in the life sciences in China. 20. Diverse Harmonization: Indian Example. 21. Life Science Research and Patents in Japan: A Comparative Study of Life Science Invention Patentability between the Japanese and US Patent Acts. 22. Intellectual Property and the Life Sciences in Kenya: Enforcement and Access to Medicines. 23. IP and Life Sciences: A Case Study of South Africa. 24. Thailand’s Compulsory Licenses and the Increase of Investment Arbitration Part V - Boundaries of IP and the Life Sciences - 25. Parallel Imports within the European Union - 26. Pay for Delay Agreements. 27. Abusive Filing of IP Rights Index