14. Introduction to patents

2018 ◽  
Author(s):  
L. Bently ◽  
B. Sherman ◽  
D. Gangjee ◽  
P. Johnson
Keyword(s):  
Biological Diversity ◽  
Patent Law ◽  
Patent System ◽  
Convention On Biological Diversity ◽  
European Patent ◽  
Regulatory Regime ◽  
International Treaties ◽  
British Patent ◽  
The Uk ◽  
The Impact

This chapter introduces the reader to patents, how they work, and the laws governing them. It begins with a history of the patent system in the UK up to 1977. This is followed by a discussion of various justifications that have been proposed in support of the patent system, such as the natural rights of inventors to their work and the public benefits that flow from the grant of patent monopolies. It also considers the current regulatory regime governing the creation and use of patents in the UK and Europe, with particular reference to the European Patent Convention and the Patents Act 1977. Finally, the chapter discusses the impact of the European Commission on patent law and some of the international treaties that have influenced British patent law, including the Patent Cooperation Treaty, the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), and the Convention on Biological Diversity. The chapter also speculates on the impact of Brexit on UK patent law.

Historical Developments

2016 ◽  
Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright
Keyword(s):  
Patent Protection ◽  
Biological Diversity ◽  
Patent Law ◽  
Patent System ◽  
Convention On Biological Diversity ◽  
European Patent ◽  
Industrialized Countries ◽  
System P ◽  
Historical Developments ◽  
The Uk

This chapter describes historical developments in patent systems and patent law. It highlights key developments in the UK from 1800–2014, in the US from 1790–2014, in other industrialized countries (Germany, France, the Netherlands, Switzerland, and Japan), and in developing countries. The final section discusses international developments such as the Paris Convention, the European Patent Convention, the Unitary Patent system in Europe, the Patent Cooperation Treaty, the TRIPs Agreement, the Convention on Biological Diversity, the Patent Law Treaty, the London Agreement, and the Substantive Patent Law Treaty. These developments, which have generally acted to strengthen patent protection, did not simply happen of their own accord; political, diplomatic, and industry lobbying activities have played a larger role than any objective analysis of the economic and social benefits of the patent system.

scholarly journals Three models for the regulation of polygenic scores in reproduction

2021 ◽  
pp. medethics-2020-106588
Author(s):  
Sarah Munday ◽  
Julian Savulescu
Keyword(s):  
Human Genetics ◽  
Ethical Issues ◽  
Well Being ◽  
Embryo Selection ◽  
Risk Scores ◽  
Regulatory Regime ◽  
Polygenic Scores ◽  
The Usa ◽  
The Uk ◽  
The Impact

The past few years have brought significant breakthroughs in understanding human genetics. This knowledge has been used to develop ‘polygenic scores’ (or ‘polygenic risk scores’) which provide probabilistic information about the development of polygenic conditions such as diabetes or schizophrenia. They are already being used in reproduction to select for embryos at lower risk of developing disease. Currently, the use of polygenic scores for embryo selection is subject to existing regulations concerning embryo testing and selection. Existing regulatory approaches include ‘disease-based' models which limit embryo selection to avoiding disease characteristics (employed in various formats in Australia, the UK, Italy, Switzerland and France, among others), and 'laissez-faire' or 'libertarian' models, under which embryo testing and selection remain unregulated (as in the USA). We introduce a novel 'Welfarist Model' which limits embryo selection according to the impact of the predicted trait on well-being. We compare the strengths and weaknesses of each model as a way of regulating polygenic scores. Polygenic scores create the potential for existing embryo selection technologies to be used to select for a wider range of predicted genetically influenced characteristics including continuous traits. Indeed, polygenic scores exist to predict future intelligence, and there have been suggestions that they will be used to make predictions within the normal range in the USA in embryo selection. We examine how these three models would apply to the prediction of non-disease traits such as intelligence. The genetics of intelligence remains controversial both scientifically and ethically. This paper does not attempt to resolve these issues. However, as with many biomedical advances, an effective regulatory regime must be in place as soon as the technology is available. If there is no regulation in place, then the market effectively decides ethical issues.

Climate Conditions and Biodiversity Decline

2022 ◽  
pp. 748-763
Author(s):  
Ashok K. Rathoure ◽  
Unnati Rajendrakumar Patel
Keyword(s):  
Climate Change ◽  
Climatic Change ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Natural Ecosystems ◽  
Climate Conditions ◽  
Impact Of Climate Change ◽  
Fragile Environment ◽  
Impact On Biodiversity ◽  
The Impact

Many studies in recent years have investigated the effects of climate change on the future of biodiversity. In this chapter, the authors first examined the different possible effects of climate change that can operate at individual, population, species, community, ecosystem, notably showing that species can respond to climate challenges by shifting their climatic change. Climate change is one of the most important global environmental challenges that affect all the natural ecosystems of the world. Due to the fragile environment, mountain ecosystems are the most vulnerable to the impact of climate change. Climatic change will affect vegetation, humans, animals, and ecosystem that will impact on biodiversity. Mountains have been recognized as important ecosystems by the Convention on Biological Diversity. Climate change will not only threaten the biodiversity, but also affect the socio-economic condition of the indigenous people of the state. Various activities like habitat loss, deforestation, and exploitation amplify the impact of climate change on biodiversity.

PARLIAMENTARY REWARDS AND THE EVOLUTION OF THE PATENT SYSTEM

2015 ◽  
Vol 74 (3) ◽  
pp. 423-449 ◽  
Author(s):  
Robert Burrell ◽  
Catherine Kelly
Keyword(s):  
Reward System ◽  
Patent Law ◽  
The State ◽  
Patent System ◽  
Public Disclosure ◽  
Minimum Requirement ◽  
The Core ◽  
The Impact ◽  
Special Provision

AbstractThis article examines the impact on the patent system of rewards for innovation across the eighteenth and early nineteenth centuries. During this period, Parliament would regularly grant rewards to inventors, with many of these rewards being set out in legislation. This legislation provided Parliament with the opportunity to promote a model of state support for inventors: a model that made public disclosure of the invention a precondition for assistance. This had important implications for patent law, in particular, in helping to develop the role of the patent specification and the doctrine of sufficiency of disclosure. In this way, the reward system helped establish the framework under which the state would provide support for inventors. Simultaneously, however, the reward system created a space in which inventors would have to do more than meet the minimum requirement of public disclosure. Rewards allowed the state to distinguish between different classes of inventor and to make special provision for particularly worthy individuals. In this way, the reward system recognised the contribution of the “heroic inventor”, whilst leaving the core of the patent system undisturbed.

The nature and extent of terrestrial protected area coverage on the UK's Overseas Territories

2017 ◽  
Vol 44 (4) ◽  
pp. 397-404
Author(s):  
NICHOLAS I. WILKINSON ◽  
JONATHAN G. HALL ◽  
JULIET A. VICKERY ◽  
GRAEME M. BUCHANAN
Keyword(s):  
Protected Areas ◽  
Protected Area ◽  
Biological Diversity ◽  
Area Coverage ◽  
Convention On Biological Diversity ◽  
Effective Protection ◽  
Terrestrial Environment ◽  
Overseas Territories ◽  
The Uk

SUMMARYSignatories to the Convention on Biological Diversity (CBD) agreed to the effective protection of at least 17% of the terrestrial environment by 2020 (Aichi Target 11). Here, we assess the coverage of terrestrial protected areas (land protected by legislation) on the UK's Overseas Territories. These 14 Territories are under the sovereignty of the UK, a signatory of the CBD, and are particularly biodiverse. Eight Territories have protected areas covering 17% or more of their land, but the extent of protection across these Territories as a whole is low, with only 4.8% of this land designated as protected. This protection covered 51% of sites already identified as of conservation importance (Important Bird and Biodiversity Areas), although only 8% of the area of these sites was protected. The expansion of effective protection to meet the 17% target provides an opportunity to capture the most important sites for conservation. Locally led designation will require an improvement in knowledge of the distribution and density of species. This, together with measures to ensure that the protection is enforced and effective, will require provision of resources. This should be seen as an investment in the UK meeting its obligations to Aichi Target 11.

scholarly journals A global indicator of utilised wildlife populations: regional trends and the impact of management

2020 ◽  
Author(s):  
Louise McRae ◽  
Robin Freeman ◽  
Jonas Geldmann ◽  
Grace B. Moss ◽  
Louise Kjær-Hansen ◽  
...  
Keyword(s):  
Biological Diversity ◽  
Positive Impact ◽  
Sustainable Use ◽  
Population Trends ◽  
Convention On Biological Diversity ◽  
Data Set ◽  
Case Examples ◽  
Wildlife Population ◽  
Wildlife Populations ◽  
The Impact

AbstractThe sustainable use of wildlife is a core aspiration of multi-lateral conservation policy but is the subject to intense debate in the scientific literature. We use a global data set of over 11,000 population time-series to derive indices of ‘used’ and ‘unused’ species and assess global and regional changes in wildlife populations – principally for mammals, birds and fishes. We also assess whether ‘management’ makes a measurable difference to wildlife population trends, especially for the used species populations. Our results show that wildlife population trends globally are negative, but with used populations tending to decline more rapidly, especially in Africa and the Americas. Crucially, where used populations are managed, using a variety of mechanisms, there is a positive impact on the trend. It is therefore true that use of species can both be a driver of negative population trends, or a driver of species recovery, with numerous species and population specific case examples making up these broader trends. This work is relevant to the evidence base for the IPBES Sustainable Use Assessment, and to the development of indicators of sustainable use of species under the post-2020 Global Biodiversity Framework being developed under the Convention on Biological Diversity.

scholarly journals Challenges of Gauging the Impact of Area-Based Fishery Closures and OECMs: A Case Study Using Long-Standing Canadian Groundfish Closures

2021 ◽  
Vol 8 ◽  
Author(s):  
Nancy L. Shackell ◽  
David M. Keith ◽  
Heike K. Lotze
Keyword(s):  
Biological Diversity ◽  
Regional Scale ◽  
Effective Area ◽  
Convention On Biological Diversity ◽  
Population Growth Rates ◽  
Research Survey ◽  
Development Goals ◽  
Marine Areas ◽  
The Impact

The United Nations Convention on Biological Diversity was established in 1993. Canada is a signatory nation that has adopted, and exceeded, the UN Aichi biodiversity target to protect 10% of coastal and marine areas through marine protected areas or “other effective area-based conservation measures” (OECMs) by 2020. However, the science of OECMs as contributors to biodiversity conservation is relatively young and their definition and efficacy testing continue to evolve. Here, we examine whether areas closed to fishing on the Scotian Shelf in Atlantic Canada, where the groundfish community had collapsed in the early 1990s, have the potential to serve as OECMs for groundfish recovery. Using long-term research survey data, we show that three long-term area-based fishing fleet closures did not enhance per capita population growth rates of the majority of 24 common groundfish species. At a regional scale, 10 out of 24 species are currently at less than 50% of their pre-collapse (1979–1992) biomass, reflecting a sustained diminished productivity, even though fishing mortality has been drastically reduced through a moratorium in 1993. Additional measures are needed to protect severely depleted groundfish, especially when the causes of continued diminished productivity are still largely unresolved. The importance of OECMs as a risk-averse approach toward sustainability is globally accepted and they can be considered a tool toward the overarching UN Sustainable Development Goals (SDG-14). Our study provides further impetus toward articulating the criteria of OECMs and improving their design, monitoring, and testing, while placing OECMs within the broader context of sustainable ecosystem-based management.

scholarly journals Positive Protection: Protecting Genetic Resources Related to Traditional Knowledge in Indonesia

FIAT JUSTISIA ◽  
2018 ◽  
Vol 11 (2) ◽  
pp. 122
Author(s):  
Rohaini Rohaini ◽  
Nenny Dwi Ariani
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Genetic Resources ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Patent Law ◽  
Intellectual Property Right ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
International Pressure

Genetic Resources is a foundation of human life, as a source of food, industrial raw materials, pharmaceuticals, and medicines. From its utilization may provide a financial benefit to the provider and the user of it. Unfortunately, most of it obtained from developing countries through biopiracy, including Indonesia. Furthermore, in the early 1980s, access and benefit sharing (ABS) to genetic resources became an international issue. It leads to the adoption of the Convention on Biological Diversity (CBD) in 1992. However, since it was approved, the whole ideas of excellence of it could not be implemented, a problem on it still arises. Intellectual property right laws, in certain aspects, are possible for using to protect traditional knowledge from their utilization. However, at the same time, intellectual property regime also becomes “a tool” to legitimate of biopiracy practices. Due to massive international pressure, mostly in developing countries, it proposes two kinds of protections, which are positive protection and defensive protection. This paper will examine one of it, which is positive protection. By using the normative method and qualitative approach, this paper identified at least two kinds of positive protections that we can develop to protect genetic resources related to traditional knowledge, which are optimizing the patent law and developing the sui generis law. Furthermore, it can be done by some revision by adding new substances, an improvement on the articles, or even by doing the deletion on certain articles. Moreover, in order to develop the sui generis law, it identified several minimum elements that shall be contained on it, inter alia: the purposes of protection; scope of protection; criteria of protection; the beneficiaries of protection: the holder of traditional knowledge; the kind of rights to be granted; how the rights acquired; how to enforce it; how the rights lost or expired; and dispute resolution.  Keywords: Positive Protection, Genetic Resources, Traditional Knowledge.

scholarly journals Projected pH reductions by 2100 might put deep North Atlantic biodiversity at risk

2014 ◽  
Vol 11 (6) ◽  
pp. 8607-8634 ◽  
Author(s):  
M. Gehlen ◽  
R. Séférian ◽  
D. O. B. Jones ◽  
T. Roy ◽  
R. Roth ◽  
...  
Keyword(s):  
Ocean Acidification ◽  
North Atlantic ◽  
Deep Sea ◽  
Biological Diversity ◽  
Management Strategies ◽  
Co2 Concentration ◽  
Convention On Biological Diversity ◽  
Resource Exploitation ◽  
Atlantic Sector ◽  
The Impact

Abstract. This study aims at evaluating the potential for impacts of ocean acidification on North Atlantic deep-sea ecosystems in response to IPCC AR5 Representative Concentration Pathways (RCP). Deep-sea biota is likely highly vulnerable to changes in seawater chemistry and sensitive to moderate excursions in pH. Here we show, from seven fully-coupled Earth system models, that for three out of four RCPs over 17% of the seafloor area below 500 m depth in the North Atlantic sector will experience pH reductions exceeding −0.2 units by 2100. Increased stratification in response to climate change partially alleviates the impact of ocean acidification on deep benthic environment. We report major potential consequences of pH reductions for deep-sea biodiversity hotspots, such as seamounts and canyons. By 2100 and under the high CO2 scenario RCP8.5 pH reductions exceeding −0.2, (respectively −0.3) units are projected in close to 23% (~ 15%) of North Atlantic deep-sea canyons and ~ 8% (3%) of seamounts – including seamounts proposed as sites of marine protected areas. The spatial pattern of impacts reflects the depth of the pH perturbation and does not scale linearly with atmospheric CO2 concentration. Impacts may cause negative changes of the same magnitude or exceeding the current target of 10% of preservation of marine biomes set by the convention on biological diversity implying that ocean acidification may offset benefits from conservation/management strategies relying on the regulation of resource exploitation.

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