scholarly journals Patenting of Human Genes: The United States, Canada and Australia Case Law

2019 ◽  
pp. 166-173 ◽  
Author(s):  
D. V. Ponomareva
Keyword(s):  
United States ◽  
Case Law ◽  
The United States ◽  
Patent Law ◽  
Point Of View ◽  
Foreign Countries ◽  
Human Genes ◽  
Biomedical Technologies ◽  
Myriad Genetics ◽  
Gene Patenting

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.

scholarly journals Should the New Zealand Parliament Allow the Intellectual Property Office of New Zealand to Continue to Grant Patents for Isolated Human Genes?

2013 ◽  
Vol 44 (1) ◽  
pp. 91
Author(s):  
Ruth Upperton
Keyword(s):  
United States ◽  
New Zealand ◽  
Intellectual Property ◽  
United States Of America ◽  
The United States ◽  
Property Law ◽  
Human Genes ◽  
Legal Perspective ◽  
Myriad Genetics ◽  
Patentable Subject Matter

It is time for New Zealanders to decide whether we want to allow patents over isolated human genes. In making this decision, we should take heed of the pitfalls other jurisdictions have encountered in this area. In this article, I determine the approach New Zealand intellectual property law should take to the patenting of isolated human genes, with reference to the arguments and issues raised by the Myriad Genetics litigation in the United States of America. I conclude that a nuanced approach should be adopted. Isolated human genes are not patentable subject-matter from a legal perspective; however, patents in the field of gene therapeutics should be allowed on policy grounds.

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 ◽  
...  
Keyword(s):  
United States ◽  
The United States ◽  
Patent Law ◽  
Genetic Diagnostics ◽  
European Patent ◽  
Synthetic Dna ◽  
Current Divergence ◽  
Consumer Access ◽  
Gene Patenting ◽  
Key Events

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.

scholarly journals Edifying Thoughts of a Patent Watcher: The Nature of DNA

2016 ◽  
Author(s):  
Dan Burk
Keyword(s):  
Innovation Policy ◽  
United States Supreme Court ◽  
The United States ◽  
The Other ◽  
United States Supreme ◽  
Human Genes ◽  
Material Environment ◽  
Myriad Genetics ◽  
Patentable Subject Matter ◽  
Gene Patenting

In the pending case Myriad Genetics v. Association for Molecular Pathology, the United States Supreme Court will consider the patentability of human genes under the "product of nature" doctrine. Patentable subject matter is generally held to encompass materials and artifacts created by humans, and not that which exists independently in nature. However, it is not clear that this is a meaningful or helpful distinction. Given on one hand that the concept of a gene is a human construct, and on the other hand that all human creations are drawn from the material environment, the question of gene patenting is better addressed as a matter of innovation policy than of imponderable labeling.

scholarly journals Anticipating Patentable Subject Matter

2016 ◽  
Author(s):  
Dan Burk
Keyword(s):  
United States ◽  
Subject Matter ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
The Public ◽  
Public Benefit ◽  
Human Genes ◽  
Patentable Subject Matter ◽  
Gene Patenting

By the summer of 2013, the United States Supreme Court should issue an opinion in Myriad v. AMP, a case dealing with the patentability of human genes, including "cDNA" molecules that are created in the laboratory. Opponents of gene patenting have argued that such molecules should be deemed unpatentable "products of nature" because, statistically, such molecules might sometimes be fortuitously created in human cells. But this argument improperly imports into patent law's section 101 subject matter analysis the doctrine of inherency from section 102's provisions on novelty. And, if inherency is to be imported into section 101, the proper standard for patentability would be the "public benefit" criteria that has been developed in section 102 consideration of inherency. Under the "public benefit" standard, Myriad's cDNAs would constitute patentable subject matter.

Thinking About Scots Law

1996 ◽  
Vol 1 (1) ◽  
pp. 3-24 ◽  
Author(s):  
Alan Rodger
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
British Empire ◽  
United States Of America ◽  
Case Law ◽  
The United States ◽  
Memorial Lecture ◽  
University Of Edinburgh ◽  
The University

This article is the revised text of the first W A Wilson Memorial Lecture, given in the Playfair Library, Old College, in the University of Edinburgh, on 17 May 1995. It considers various visions of Scots law as a whole, arguing that it is now a system based as much upon case law and precedent as upon principle, and that its departure from the Civilian tradition in the nineteenth century was part of a general European trend. An additional factor shaping the attitudes of Scots lawyers from the later nineteenth century on was a tendency to see themselves as part of a larger Englishspeaking family of lawyers within the British Empire and the United States of America.

Bipartisanship as Possible Alternative of Russian Political System Evolution

2018 ◽  
Vol 42 ◽  
pp. 256-265
Author(s):  
Konstantin V. Simonov ◽  
Stanislav P. Mitrakhovich
Keyword(s):  
United States ◽  
Detailed Analysis ◽  
Political System ◽  
Party System ◽  
Political Competition ◽  
The United States ◽  
Point Of View ◽  
Complex Structures ◽  
Practical Advice ◽  
Simultaneous Separation

The article examines the possibility of transfer to bipartisan system in Russia. The authors assess the benefits of the two-party system that include first of all the ensuring of actual political competition and authority alternativeness with simultaneous separation of minute non-system forces that may contribute to the country destabilization. The authors analyze the accompanying risks and show that the concept of the two-party system as the catalyst of elite schism is mostly exaggerated. The authors pay separate attention to the experience of bipartisan system implementation in other countries, including the United States. They offer detailed analysis of the generated concept of the bipartisanship crisis and show that this point of view doesn’t quite agree with the current political practice. The authors also examine the foreign experience of the single-party system. They show that the success of the said system is mostly insubstantial, besides many of such systems have altered into more complex structures, while commentators very often use not the actual information but the established myths about this or that country. The authors also offer practical advice regarding the potential technologies of transition to the bipartisan system in Russia.

ОСОБЕННОСТИ ПОДГОТОВКИ КАДРОВ ДЛЯ ПЕНИТЕНЦИАРНОЙ СИСТЕМЫ В США

2020 ◽  
Author(s):  
Vladimir Unterov ◽  
Elizaveta Eremeeva
Keyword(s):  
United States ◽  
The United States ◽  
Training System ◽  
Modern World ◽  
Foreign Experience ◽  
Foreign Countries ◽  
Personal Qualities ◽  
The Russian Federation ◽  
Prison Systems ◽  
Correction System

Статья посвящена изучению зарубежного опыта подготовки кадров для пенитенциарных систем. Его анализ и рассмотрение возможности внедрения отдельных элементов направлены на совершенствование системы подготовки сотрудников для уголовно-исполнительной системы России, повышение их профессионального уровня, что в конечном счете будет способствовать достижению главной цели УИС - исправлению осужденных. Авторы особое внимание уделяют изучению специально-профессиональных и личностных качеств, необходимых сотрудникам пенитенциарных учреждений. В статье рассматриваются особенности подготовки сотрудников пенитенциарной системы в Соединенных Штатах Америки. Важнейшей задачей образовательных учреждений и центров по подготовке кадров для пенитенциарной системы США является обеспечение будущих сотрудников знаниями, необходимыми для выполнения профессиональных обязанностей в рамках предстоящей деятельности. Также авторы подчеркивают важность развития при подготовке будущих сотрудников не только профессиональных, но и личностных качеств.The article is devoted to the study of foreign experience in order to improve the training system for the Russian penal correction system. In particular, the training of prison officials in the United States of America is considered as one of the most developed States in the modern world. The improvement of the training process for the Russian penal correction system implies the development of international cooperation with the prison systems of foreign countries. The study of foreign experience of penitentiary education contributes to the improvement of the professional level of the staff of the Penal Correction Service and, ultimately, to the achievement of the main goal - correction of convicts. The authors pay particular attention to the study of specific professional and personal qualities required by potential prison staff. Since there have been significant positive changes in the formation of professional qualities of the future employee of the Russian penal correction system over the past decade, the main focus of the work is on the formation of personal (universal) qualities of the employee of the Federal Penal Correction Service of the Russian Federation, for which the positive experience of the United States is analyzed.

1—by Captain A. Wepster

1963 ◽  
Vol 16 (4) ◽  
pp. 389-398
Keyword(s):  
United States ◽  
Travel Time ◽  
Long Range ◽  
The United States ◽  
Point Of View ◽  
Ship Routing ◽  
Waves And Currents ◽  
Meteorological Institute

In 1960 Hanssen and James described to the Institute a system developed and used by the United States Hydrographic Office for selecting the optimum track for transoceanic crossings by applying long-range predictions of winds, waves and currents to a knowledge of how the routed vessel reacts to these variables. The paper (Journal, 13, 253) described how, over a period of two years, an average reduction in travel time of 14 hours was achieved over 1000 optimum routes.In the present papers, presented at an Institute meeting held in London on 19 April, Captain Wepster of the Holland-America Line first of all goes into the benefits which effective ship routing offers the ship operator and then describes the results of the experimental routing programme undertaken by his Company in association with the Royal Netherlands Meteorological Institute. Mr. Verploegh of that Institute then discusses the programme from the forecaster's point of view.

Bayesian Forcasting Model – 2020 Presidential Elections in the United States of America

2021 ◽  
Vol 704 (1) ◽  
pp. 91-104
Author(s):  
Maria Raczyńska
Keyword(s):  
United States ◽  
United States Of America ◽  
Presidential Elections ◽  
Bayesian Models ◽  
The United States ◽  
Point Of View ◽  
Forecasting Model ◽  
Bayesian Forecasting ◽  
Technical Point ◽  
Made In

The article describes and explains a prior centric Bayesian forecasting model for the 2020 US elections.The model is based on the The Economist forecasting project, but strongly differs from it. From the technical point of view, it uses R and Stan programming and Stan software. The article’s focus is on theoretical decisions made in the process of constructing the model and outcomes. It describes why Bayesian models are used and how they are used to predict US presidential elections.

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