scholarly journals International Divergence in Gene Patenting

2019 ◽  
Vol 20 (1) ◽  
pp. 519-541
Author(s):  
Dianne Nicol ◽  
Rochelle C. Dreyfuss ◽  
E. Richard Gold ◽  
Wei Li ◽  
John Liddicoat ◽  
...  

This review explores the recent divergence in international patent law relating to genes and associated subject matter. This divergence stems primarily from decisions of the highest courts in the United States and Australia on the eligibility of patent claims relating to the BRCA gene sequences. Patent offices, courts, and policy makers have struggled for many years to clearly articulate the bounds of patent claims on isolated and synthetic DNA and related products and processes, including methods for their use in genetic diagnostics. This review provides context to the current divergence by mapping key events in the gene patent journey from the early 1980s onward in five key jurisdictions: the United States, the member states of the European Patent Convention, Australia, Canada, and China. Early approaches to gene patenting had some commonalities across jurisdictions, which makes exploration of the recent divergence all the more interesting.There is insufficient empirical evidence to date to confidently predict the consequences of this recent divergence. However, it could potentially have a significant effect on local industry and on consumer access.

2011 ◽  
Vol 25 (1) ◽  
pp. 71-87
Author(s):  
Zein J. Razem ◽  
Qais Ali Mahafzah

AbstractAttempts to harmonize patent laws worldwide have increased, leaving bits of argumentative issues untouched in the patent systems under scrutiny. However, diversity can sometimes prove desirable since majority rule is not always right and the minority wrong. Sometimes a part is more righteous than the whole. This research focuses on areas where the Jordan Patents of Invention Law, United States Patent Law, and the European Patent Convention intersect. It concludes that although most countries, including Jordan, follow a different path than that taken by the United States, it may be unnecessary for the United States to change its system in order to be in sync with the rest of the world. Thus, it may prove advantageous to have two separate systems that can provide different patent protections where humanity achieves progression and development.


Author(s):  
D. V. Ponomareva

The paper is a review of the case law of the United States of America, Canada and Australia, in which an attempt is made to answer the question on possibility of human gene patenting. The paper substantiates the relevance of this issue, examines the ethical aspects of gene patenting. The author analyzes the landmark and most significant cases from the point of view of the development of patent law of foreign countries: Diamond v. Chakrabarty (USA), Association for Molecular Pathology v. Myriad Genetics (USA), Myriad v. Cancer Voices (Australia), The Children’s Hospital of Eastern Ontario (CHEO) v. Transgenomic (Canada). In the analysis, the author gives special attention to the arguments and conclusions of judicial institutions regarding the patentability of human genes. A conclusion is drawn regarding the continuity and possible harmonization of legislation and judicial practices of both the states mentioned in the paper and countries that have just embarked on the development of biomedical technologies.


Author(s):  
Raymond J. Batvinis

Counterintelligence is the business of identifying and dealing with foreign intelligence threats to a nation, such as the United States. Its main concern is the intelligence services of foreign states and similar organizations of non-state actors, such as transnational terrorist groups. Counterintelligence functions both as a defensive measure that protects the nation's secrets and assets against foreign intelligence penetration and as an offensive measure to find out what foreign intelligence organizations are planning to defeat better their aim. This article addresses the Federal Bureau of Investigation's (FBI) foreign counterintelligence function. It briefly traces its evolution by examining the key events and the issues that effected its growth as the principle civilian counterintelligence service of the U.S. government.


2021 ◽  
Vol 9 (3) ◽  
pp. 235-245
Author(s):  
AbdulHafiz Henry James AbdulHafiz ◽  
Talal Alsaif

This study looks at the economic, political, environmental, cultural, technological, legal, and ethical macro-environmental forces which impact globalization Pre-2018.  Key events are examined as indicators of the state of globalization around the world.  The examination of globalization centers on these key events in the United States and Saudi Arabia.  The issues that rose out these events are used to interpret whether the state of globalization is influenced.  The issues of economic class, unemployment, CEO compensation, The Kyoto Protocol, the rise of social media, and Saudi Arabia’s joining the WTO are examined based on their influence on the state of globalization.  The study concludes that convergence of cultures, based on nation-states’ responses to the arbitrage of information in the areas of economies, politics, environment, law, culture, and ethics has is a real influence on the state of globalization.  The negative or positive effects of globalization are irrelevant in comparison to the actions taking by nation-states in response to key events.


Author(s):  
Stanley A. Changnon

El Niño 97-98 provided one of the most interesting and widely known climatic events of this century. It garnered enormous attention not only in the scientific community but also in the media and from the American public. El Niño developed rapidly in the tropical Pacific during May 1997, and by October “El Niño “had become a household phrase across America. Television and radio, newspapers and magazines pummeled America with the dire tales of El Niño during the fall of 1997 as the climate disruption battered the West Coast and the southern United States with storm after storm. Worried families changed vacation plans, and insurance executives pondered losses and raised rates. Victims of every type of severe weather blamed El Niño . After a winter filled with unusual weather, the head of the National Oceanic and Atmospheric Administration (NOAA) declared, “This winter’s El Niño ranks as one of the major climatic events of this century.” It was the first El Niño observed and forecast from start to finish. The event was noteworthy from several perspectives. • First, it became the largest and warmest El Niño to develop in the Pacific Ocean during the past 100 years. • Second, the news media gave great attention to the event, and El Niño received more attention at all levels than had any previous climate event. • Third, scientists were able to use El Niño conditions to successfully predict the climate conditions of the winter six months in advance. • Fourth, the predictive successes brought new credibility to the science of long-range prediction and, in general, acted to increase the public’s understanding of the climate and oceanic sciences. • Fifth, there were notable differences in how weather-sensitive decision makers reacted to the predictions, some used them for great gain, while others, fearing failure, did not. • Sixth, the great strength of El Niño brought forth claims that the phenomenon was the result of anthropogenic-induced global warming. This possibility was debated and added to the scientific-policy debates surrounding climate change. • Seventh, the net effect of the El Niño -influenced weather on the United States was an economic benefit, after early fears and predictions of great damages.


2007 ◽  
Vol 21 (2) ◽  
pp. 169-174
Author(s):  
Mark B. Wilson ◽  
Daniel Alge

Many jurisdictions, including the European Patent Office (EPO), have opposition proceedings in which an interested third party can challenge the validity of the claims of an issued patent. The United States Congress is considering legislation that would introduce opposition proceedings in the USA. This paper reviews the existing EPO and proposed US opposition procedures and provides practical suggestions for dealing with oppositions.


Author(s):  
Mark A. Lause

This history of the Civil War considers the impact of nineteenth-century American secret societies on the path to as well as the course of the war. Beginning with the European secret societies that laid the groundwork for Freemasonry in the United States, the book analyzes how the Old World's traditions influenced various underground groups and movements in America, particularly George Lippard's Brotherhood of the Union, an American attempt to replicate the political secret societies that influenced the European Revolutions of 1848. The book traces the Brotherhood's various manifestations, including the Knights of the Golden Circle (out of which developed the Ku Klux Klan), and the Confederate secret groups through which John Wilkes Booth and others attempted to undermine the Union. It shows how, in the years leading up to the Civil War, these clandestine organizations exacerbated existing sectional tensions and may have played a part in key events such as John Brown's raid on Harpers Ferry, Lincoln's election, and the Southern secession process of 1860–1861.


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