scholarly journals Medicine Between Ethics and Scientific Progress: How Much Ethics Needs Medicine, how much ethics can it afford? Some Considerations from Patent Law Perspectives

2015 ◽  
Vol 8 (1) ◽  
pp. 47-76
Author(s):  
Joseph Straus

The progress of medicine is heavily dependent on the progress of science and technology, which in turn depend on costly and risky investment in research and development. In this contribution, based on some concrete examples, new scientific achievements are presented as basis of modern medicine and source of ethical concerns. Addressed are also the role of scientists in coping with safety in ethical concerns as regards hazards of new technologies, costs of R&D investment in drug development and the role of patents in this context. In some detail the legal situation existing at an international and European level as regards exclusions from patentability based on reasons of ethics and morals is presented. A critical appraisal of the case law of the Court of Justice of the European Union as regards patentability of embryonic stem cells is offered.

2000 ◽  
Vol 57 (5) ◽  
pp. 370-375 ◽  
Author(s):  
Timothy A Caulfield ◽  
E Richard Gold

Author(s):  
Marios Papandreou

This chapter shows that the role of new technologies in global democracy is very important. First, the concept of democracy is analyzed with particular reference to participation and (access to) information. Second, it is explained that democracy should not be limited to the national level because of the major changes of globalization and because of the fact that these changes influence the everyday lives of billions of people. Examples of the United Nations and the European Union are examined, the former as an example of what could be done and how (with regard to individuals’ participation) and the latter as an example of what has already been achieved. Finally, it is explained how and under which conditions new technologies could help build more democratic and more participatory processes on the international level. The concept of access is the central link between information and communication technologies on the one side and international participatory democracy on the other.


Author(s):  
Eric Gorka

The generics industry is at a crossroads. Fundamental growth drivers remain unchanged, and should result in sustained long-term growth. However, growing cost and pricing pressures mean the industry of the future will look very different and the longer term impact of the financial crisis is still unclear. Future industry structure will also be determined by the extent to which genuine competition is allowed to emerge and to overcome the trend towards nationalist protectionist policies. The companies that succeed will be those that excel in four key areas: launches, differentiation, geographic presence and operational excellence. They will implement variations on three basic strategies: leveraging fixed costs/economies of scale, using new technologies and focusing on value products. Although many questions remain to be answered, including the future role of Europe, several global trends are clear, including ongoing industry consolidation and the growing importance of biosimilars. Otherwise, much will depend on developments in the European Union (EU), the world's largest single market. The EU offers an object lesson in the need for political leadership not only from the top but also at the national level, where varying approaches can have make-or-break importance for generic penetration rates and thus for the industry as a whole.


2017 ◽  
Vol 62 (4) ◽  
pp. 786-805 ◽  
Author(s):  
Rupprecht Podszun

In the 2015 case Huawei/ZTE, the Court of Justice of the European Union took one of its rare opportunities to rule on the interface of antitrust and patent law. The question before the Court was whether the holder of a standard-essential patent abuses a dominant position by seeking an injunction against a potential licensee. Regarding a previous line of cases under European law, the Court took a surprisingly easy solution by forcing the companies to get back to the negotiation table. This may be attributed to a new methodological balancing approach of the Court. While acknowledging the problem of patent thickets, the Court restrains the role of antitrust authorities in this field.


ReCALL ◽  
1998 ◽  
Vol 10 (1) ◽  
pp. 13-20 ◽  
Author(s):  
Chris Curran

This paper relates to the projected role of the new technologies in university teaching in the light of considerations of cost, context and culture. The author is currently engaged in a study of the successful application of the new technologies in university distance teaching, in North America and countries of the European Union.


2018 ◽  
Vol 2018 (11-12) ◽  
pp. 82-103
Author(s):  
Volodymyr SIDENKO ◽  

The article covers the issues of development of electronic (digital) commerce (EDC) as a key trend in transformation of the world economy. The emphasis is on multidimensional manifestations of the EDC and on a clear tendency towards further diversification of forms of this commerce under conditions of intensive technological transformations of modernity. Its spread is associated with the growing role of the EDC and it is proved that the pace and efficiency of its spread in the sphere of trade and economic operations is largely due to availability of information and communication infrastructure of adequate quality. It is shown that new prospects for the development of e-commerce are related to the key new technologies of the Fourth Industrial Revolution: analytics based on large databases, blockchain technologies, Internet of things and artificial intelligence. The author argues that the latest technologies create the foundation for a systemic change in the very nature of economic and non-economic relations. It is proved that the process of e-commerce spread is controversial and related to the possible presence of both positive results and negative consequences. Positive effects are primarily owing to a significant reduction in costs and expansion of the range of supply, increasing opportunities for promoting goods and services on the market (especially for small and medium-sized businesses) and a significant reduction of time of commercial operations. At the same time, the importance of security of economic development and protection of the rights of individual is emphasized, as in the context of the spread of e-commerce, the risks in these aspects are increasing. Particular attention is paid to the importance of coordinating the e-commerce policy development. The role of the leading international organizations – the UN (UNCTAD and UNCITRAL), the WTO, the OECD, the World Customs Organization, the Universal Postal Union – in the development and regulation of e-commerce is also described. Taking the European Union (the policy of forming a single digital market) and the Eurasian Economic Union (Digital Agenda of the EAEU until 2025) as an example, the growing importance of international regional policy in addressing this problem is shown.


Author(s):  
Michał Chojnacki ◽  
Anita Wójcik

Modern medicine has never before experienced such a rapid development of what is observed at the turn of the century. New opportunities bring new challenges that both - medical staff and patients - will have to face. The paper examines the role and safety issues new medical technologies in the light of respect for patients' rights and ethical dilemmas. For a better delineation of the phenomenon, presented the key moments of the origins and development of medical innovation. Based on observations and the current direction of the health sector were presented significant areas where abuse can occur at the level of ethical issues. Discussions have been subjected to actions considered modern medicine, in the light of security and respect for the patients' rights.


Author(s):  
Eugenio Salvati

Several scholars have argued about the nature of the democratic (and legitimacy) deficit that affects the European Union (EU) and its political institutions. The creation of a European public sphere and the enhancement of a European “we feeling” among citizens has been considered a fundamental feature to implement the democratic functioning of the EU. In this context of democratic deficit, it is interesting to understand and analyse the role of the e-government in the EU, in order to understand if new technologies could be useful to implement transparency and accountability within the supranational arena and reduce the gap between citizens and institutions. This gap is one of the core elements that are feeding the democratic and legitimacy deficit of the EU. The main task of the chapter is to analyse the actual state of e-government and e-democracy in the EU, and reflect if these tools are reducing the democratic deficit that is effecting EU institutions.


2017 ◽  
Vol 25 (1) ◽  
pp. 121-130 ◽  
Author(s):  
Jochen Taupitz

Research with human embryonic stem cells (HESC) is very much disputed from an ethical point of view as it requires the destruction of the embryo to derive the stem cells. The legal situation in Europe is heterogeneous. This article gives an overview of the current debate on this topic by outlining the international regulations and the national legislation in the European Union. It is shown that the different legal positions are like an in vivo experiment for contrasting solutions. Furthermore, the legal situation in Germany is examined in more detail and with it the effectiveness and the constitutionality of the requirements.


2021 ◽  
Author(s):  
Maria Moulin-Stozek

The right to freedom of assembly is a fundamental right guaranteed by the Polish Constitution. The Law on Assemblies of 1990 regulates matters concerning assemblies in Poland such as procedure, protection and restrictions of assemblies. Authorities in Poland dispose of very limited discretion in prohibiting an assembly, and it is not the role of public officials or administrative courts to analyse ideas and concepts expressed at an assembly either through the prism of their own convictions or the convictions of mainstream society. The legal situation regulating spontaneous assemblies, counter-demonstrations, flash mobs and gatherings organised by means of new technologies is not accurately determined in the Polish legal system. In general, Polish regulations are consistent with the requirements of the European Commission for Democracy through Law.


Sign in / Sign up

Export Citation Format

Share Document