scholarly journals The Moral Clause in Patent Law and Threats Posed by Human Germl ine Genome Editing

2021 ◽  
Vol 14 (1) ◽  
pp. 145
Author(s):  
Gabriel Zanatta Tocchetto
Keyword(s):  
Intellectual Property ◽  
Genome Editing ◽  
Patent Law ◽  
European Patent ◽  
European Patent Convention ◽  
Technological Advances ◽  
Patent Laws ◽  
Deductive Method ◽  
Germline Modification ◽  
Applied Biology

This article examines whether the lack of closure of moral clauses in patent laws, particularly in dealing with the issue of human germline genome editing, causes such clauses to fail to function as a moratorium in countries like Mexico. The hypothesis posed here is that a general, open, moral clause in intellectual property legislation, specifically in patent law, is ineffective when confronted with a foreseeable but strong innovation that alters an area of applied biology such as human germline genome editing. Using the deductive method, this research aims to determine whether countries like Mexico need to provide more specific guidance in their legislation on technological innovations like human germline modification in order to foster an atmosphere of legal certainty. A comparative analysis of the closed morals clause in the European Patent Convention and the open morals clause in Mexico’s intellectual property law confirms this hypothesis. Specifically, the lack of closure of a morals clause in patent law, when confronted with novel and complex technological advances, will likely fail to function as a moratorium.

Towards a Pro-active Approach Concerning the Intersections between the Jordan Patents of Invention Law, United States Patent Law and European Patent Convention

2011 ◽  
Vol 25 (1) ◽  
pp. 71-87
Author(s):  
Zein J. Razem ◽  
Qais Ali Mahafzah
Keyword(s):  
United States ◽  
The United States ◽  
Patent Law ◽  
European Patent ◽  
United States Patent ◽  
European Patent Convention ◽  
Active Approach ◽  
Patent Laws ◽  
The World ◽  
States Patent

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.

Legal and regulatory update

2005 ◽  
Vol 11 (2) ◽  
Author(s):  
John Wilkinson
Keyword(s):  
Patent Law ◽  
Patent Infringement ◽  
European Patent ◽  
Final Time ◽  
The Past ◽  
European Patent Convention ◽  
First Case ◽  
House Of Lords ◽  
Regulatory Update

The year 2004 saw the end game of what was probably the largest and most significant patent infringement case in the English Courts of the past 10 years. Bird & Bird acted for TKT throughout. Kirin-Amgen and Transkaryotic Therapies Inc. (TKT) crossed swords for the final time in the House of Lords during an eight day appeal hearing in July 2004. The case is significant for the number of patent law issues at stake: novelty of product-by-process claims, three types of pleaded insufficiency, and most importantly the issues of purposive construction and infringement under the Protocol to Article 69 of the European Patent Convention. This section focuses mainly on the first and last of these issues. Indeed, the TKT case is actually the first case dealing with 'protocol infringement' to reach the House of Lords under the 1977 Patents Act. The appellate committee comprised Lords Hoffmann, Hope, Rodger, Walker and Brown.

4. Introduction to European Patent Law

2019 ◽  
pp. 99-119
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Patent Protection ◽  
Patent Law ◽  
Patent System ◽  
European Patent ◽  
European Law ◽  
European Patent Convention ◽  
Unified Patent Court ◽  
Unitary Patent

This chapter introduces the European law of patents and related rights with a discussion of the nature of patents as limited-term monopoly rights granted in respect of new, inventive, and industrially applicable inventions and the routes to obtaining patent protection in Europe. It then considers the existing European patent system established by the European Patent Convention 1973/2000, including its basis in state-based conceptions of IP territoriality, and the challenges presented to that system by globalization and developing technology. And finally, it discusses the long-standing pursuit of a unitary patent and unified patent court for Europe, including the reasons for each, and the features of the proposed Unitary Patent Package of 2012/2013.

The Contribution of Information Science Through Scientific and Technological Knowledge in Intellectual Property

2019 ◽  
pp. 265-279
Author(s):  
Jorge Lima de Magalhães ◽  
Flavia Maria Lins Mendes ◽  
Adelaide Maria de Souza Antunes ◽  
Zulmira Hartz
Keyword(s):  
Intellectual Property ◽  
Information Science ◽  
Health Sector ◽  
Scientific Progress ◽  
Technological Knowledge ◽  
European Patent ◽  
Public And Private ◽  
Technological Advances ◽  
Product And Process ◽  
The Government

The more than 100 million patents registered in the European Patent Office provide an unprecedented source of scientific and technological information in the history of mankind. The technological management of this information is exploited to develop technological advances in scientific, technological, and educational organizations and companies. New standards of product and process safety and effectiveness have been introduced across the world, and public and private business strategies are under constant review to comply with the prevailing paradigm. The health sector releases more than 1 million papers a year on scientific progress, while technological (patents) advance 10% per year. Therefore, updating the contribution of the information science through scientific and technological knowledge in intellectual property, a case study, will provide a contribution to reflection for the business in research, development, and innovation in health. These facts lead to constant adjustments of business in companies, universities, and government actions. In 2017, three lists of strategic products for the Brazilian Health System were changed. Using new intelligence systems, the government has adopted new strategic partnerships with the private sector, and were conceived in 2017 (others replaced) with budgets of more than US$ 2 billion. This chapter explores the contribution of information science through scientific and technological knowledge in intellectual property.

scholarly journals ALLEA Statement on Patent-Related Aspects of CRISPR-Cas Technology

2017 ◽  
Vol 22 (1) ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Working Group ◽  
Patent Law ◽  
European Patent ◽  
Executive Summary ◽  
Permanent Working ◽  
The One ◽  
The Eu

Executive SummaryThe principles enshrined in the EU Biotech Directive and the Implementing Regulations to the EPC, as applied in the patent granting practice of the European Patent Office to inventions related to the CRISPR-Cas technology, in the opinion of the ALLEA Permanent Working Group on Intellectual Property Rights, reflect that the patent law in force in the EU and set forth in the EPC provides, on the one hand, the necessary incentives for a successful development and use of CRISPR-Cas technology across all fields of life sciences, but at the same time also provides all the necessary safeguards that in particular no patents can be granted for inventions, also those using CRISPR-Cas technology, which could in any way offend human dignity and/or integrity. Those rules are flexible enough as to take into account also future regulatory developments which may provide new rules as regards the use of CRISPR-Cas technology in humans, but also in animals and plants. The ALLEA Permanent Working Group on Intellectual Property Rights is, therefore, of the opinion that the CRISPR-Cas technology at the present stage does not require any reforms in the patent law field.

scholarly journals PROSPECÇÃO TECNOLÓGICA: POTENCIALIDADES DE DIAGNÓSTICO PARA DOENÇAS DE CHAGAS.

2016 ◽  
Author(s):  
Ayres Fran da Silva e Silva ◽  
Geraldo Eduardo da Luz Júnior
Keyword(s):  
United States ◽  
Intellectual Property ◽  
Web Of Science ◽  
The United States ◽  
European Patent ◽  
United States Patent ◽  
European Patent Convention ◽  
States Patent

A doença de Chagas é endêmica, principalmente, em países de clima tropical sendo relacionadas à pobreza e ao baixo desenvolvimento, afetando milhões de pessoas no mundo. No Brasil, de 1,8 a 2,4 milhões de indivíduos devam estar na fase crônica da doença, 1/3 deles na forma cardíaca e digestiva. Este trabalho objetiva analisar o grau de desenvolvimento tecnológico através da prospecção tecnológica sobre o diagnóstico da doença de Chagas em busca  de  patentes e artigos.  Para a busca e  análise das patentes utilizaram-se  as bases de dados do Instituto Nacional da Propriedade Industrial (INPI),  “European  Patent  Convention”  (EPO), “The  United  States  Patent  and  Trademark  Office” (USPTO), “Word intellectual property organization” (WIPO) e “Esp@cenet-Latipat” (LATIPAT). Para os artigos científicos a base de dados usada foi a “Web of Science”. As patentes mostraram que os biomarcadores são mais protegidos para diagnosticar a doença de Chagas, as publicações de artigos científicos sobre o tratamento e diagnóstico foram expressivas no Brasil, com destaque para Fundação Oswaldo Cruz. Assim, a prospecção destaca um mapeamento, de artigos na base de periódicos “Web  of  Science” de 2005 a junho de 2015, além patentes que estavam depositadas nos bancos já mencionados acima na data de 10 de junho de 2015, aplicado para o diagnóstico da doença de Chagas. 

3. Origin, background, and international aspects of the patent system

2019 ◽  
pp. 41-53
Author(s):  
Paul Torremans
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Patent Law ◽  
European Patent ◽  
Property A ◽  
Industrial Property ◽  
International Dimension ◽  
System P ◽  
International Aspects ◽  
Paris Convention

The patent is the longest-standing, best-known, and, arguably, most economically valuable form of protection of rights provided by the law of intellectual property. A patent is, in essence, the grant of a monopoly to an inventor who has used his or her skill to invent something new. Patents may cover entirely new products, enhancements to pre-existing products, or a new or improved process for performing an activity. This chapter begins with a discussion of the history and purpose of patents. It then turns to the international dimension of patents, covering the Paris Convention for the Protection of Industrial Property 1883, the Washington Patent Cooperation Treaty 1970, the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, the European Patent Convention, and the Patent Law Treaty. It also outlines the steps to be taken in obtaining a domestic patent.

Environmental Risk in Biotech Patent Disputes: Which Role for Ordre Public before the European Patent Office?

2012 ◽  
Vol 3 (1) ◽  
pp. 47-56
Author(s):  
Angelica Bonfanti
Keyword(s):  
Intellectual Property ◽  
Environmental Protection ◽  
Environmental Risk ◽  
European Patent Office ◽  
European Patent ◽  
Patent Office ◽  
Present Contribution ◽  
Rights Protection ◽  
European Patent Convention ◽  
Ordre Public

Nowadays, biotechnologies are among the most interesting areas of science. Their development, fostered by intellectual property (IP) rights’ protection, leads to useful progress. Nonetheless, when, as with biotech inventions, environmental protection is at stake, this progress is not without controversy. The present contribution aims at examining the interferences between IP and environmental protection, as emerging in the framework of the European Patent Convention. To this extent, it will focus on the function and on the limits of the ordre public exception clause, with the purpose of suggesting a new role for science in disputes for revocation of biotech patents.

Sign in / Sign up

Export Citation Format

Share Document