Biopatents in Brazil

elni Review ◽  
2011 ◽  
pp. 58-65
Author(s):  
Edson Paula de Souza

Biotechnology is at the core of bioeconomy and plays a key role in modern societies. Currently, Brazil is engaged in many cutting-edge projects in the biotech sector, from energy production to promotion of health and provision of foodstuffs. Also, Brazil’s rich and complex biodiversity, which accounts for 15-20% of the entire world’s biological diversity, may provide a great source of new molecules to the industry. Moreover, awareness and use of the intellectual property system have expanded in the country and the number of patent applications filed by residents has substantially increased over the years. In fact, statistics show that filings with the Brazilian Patent Office rose from 5,666 applications in 1997 to a peak of 7,502 applications in 2004, decreasing a little in 2007 to 6,975 applications. However, due to a very particular regulatory framework, researchers and companies still find some difficulties to do research and protect their inventions in the country. This article focuses on patent protection for biotechnological inventions in Brazil and discusses the main issues arising from the existing legislation and practice.

Author(s):  
Wenjia Ding

In the process of promoting the national intellectual property strategy, domestic enterprises should seize the opportunity to develop their own intellectual property system according to their actual situations. The communication industry as an example of statistical data and specific analysis of patent applications in emerging technology field in recent years are supplied in the article.


2009 ◽  
Vol 6 (2) ◽  
Author(s):  
John A. Tessensohn ◽  
Shusaku Yamamoto

AbstractThe healthcare transformational capacity of biotechnology intellectual property makes it fundamental that such biotech patents are issued promptly in order to have clarity and certainty in the research community and the marketplace. In these economically challenging times, accelerated patent grants will make biotech patent owners more attractive to investors and licensors ensuring their survival. Japanese universities have aggressively patented and licensed their biotech research and utilized the accelerated patent system to procure the world's first ever induced pluripotent stem cells (iPS) patent. This article examines the various accelerated examination procedures available at the Japan Patent Office and how biotechnology patent applicants can secure early patent protection in Japan, the world's second largest biopharmaceutical market.


2005 ◽  
pp. 17-20
Author(s):  
Miklós Gábor Fári

It can be told about the second half of the XXth century that, apart from preferring the large-scale growing of field plants and the largescalelivestock farming, corresponding to the central political will of the communist era, the significance and innovation output ofhorticultural education in Debrecen was rather of follow-up trait, of secondary importance. The Tobacco Research Institute continued theresearch work, and then even this activity was stopped. According to a survey finished in 1997, the mentioned institute had no invention,granted patent, protection for registered model or any application for patent in progress at the Hungarian Patent Office. Until this time, invention activity at the University of Agricultural Sciences was of medium standard. In the National Patent Office, seven patent applications related to agricultural production and nine patent applications for other fields submitted under the inventors’ names were recorded. In the same period, the Cereal Research Institute (Szeged) led the absolute innovation list of Hungarian agricultural R+D institutions and university education institutes by submitting 164 own patent applications. Both in domestic and international terms, the horticultural innovation conducted at the University of Agricultural Sciences, despite the individual research results and achievements deserving recognition, without appropriate background – remained unnoticed. Let us put it this way: for the past decades, the light of the Debrecen Flower Carnival has not been thrown on the horticultural teachers and researchers of Debrecen.


2020 ◽  
Vol 66 (12) ◽  
pp. 5485-5504 ◽  
Author(s):  
Eduardo Melero ◽  
Neus Palomeras ◽  
David Wehrheim

This article investigates the effect of patent protection on the mobility of early-career employee-inventors. Using data on patent applications filed at the U.S. Patent and Trademark Office between 2001 and 2012 and examiner leniency as a source of exogenous variation in patent protection, we find that one additional patent granted decreases the likelihood of changing employers, on average, by 23%. This decrease is stronger when the employee has fewer coinventors, works outside the core of the firm, and produces more basic-research innovations. These findings are consistent with the idea that patents turn innovation-related skills into patent-holder-specific human capital. This paper was accepted by Ashish Arora, entrepreneurship and innovation.


Author(s):  
Kawthar Abdalla Bayoumi ◽  
Arieff Salleh Rosman

The Islamic scholarship on Intellectual Property (IP) has extensively investigated its affinity to Shari’a upon a rule-based approach whereby a profound analogy and reasoning eventually generated a Fiqh rule that embraced the concept. However, a lingering discrepancy vis-à-vis the philosophical underpinning is hardly addressed. This paper undertakes an approach based on Maqasid al-Shari’a (objectives of Shari’a) to explore that underpinning as it pertains to the three key elements in the making of IP, namely, creativity, property, and policy. The major premise of the paper is that the current IP framework failed to fulfil the needs and aspirations of the Islamic countries. While its underlying objective emphasizes a strong utilitarian approach that contradicts in many ways the Islamic Shari’a. Consequently, better outcomes can be reached by adopting a holistic approach that takes into consideration the practical implication of IP system according to the benefits and interest of Muslim’s societies. Whereby, IP should be comprehensively addressed according to the sources, objectives, and principles of Islamic Shari’a. These can be employed to evaluate the current application of IP and to identify the elements required in an IP system that is congruent with Islamic Shari’a. The comparative analysis of the fundamentals of the present international intellectual property system and the Islamic perspective indicated that the core aspects of IP concerning the concept of creativity and the scope of protection are delineated differently under the Islamic framework. Moreover, the policy and regulations as can be derived from the principles and Maqasid al-Shari’a have a great potential in promoting a robust Islamic IP system that is in line with Shari’a, the needs, and orientation of the society.


Author(s):  
Wenjia Ding

In the process of promoting the national intellectual property strategy, domestic enterprises should seize the opportunity to develop their own intellectual property system according to their actual situations. The communication industry as an example of statistical data and specific analysis of patent applications in emerging technology field in recent years are supplied in the article.


2021 ◽  
Vol 7 (1) ◽  
pp. 1-42
Author(s):  
Peter K. Yu

On October 25, 2019, the Texas A&M Journal of Property Law and the Center for Law and Intellectual Property at Texas A&M University School of Law jointly organized the “Pharmaceutical Innovation, Patent Protection, and Regulatory Exclusivities” Symposium. Although none of the organizers and participants could predict what was to come in the next few months, there was a wide consensus that the rapid changes in the pharmaceutical landscape and our continuous struggle to strike a proper balance between proprietary protection and public access in the public health arena deserves scholarly, policy, and regulatory attention. To help contextualize the articles included in this special issue and to inform readers about the inspirations and motivations behind the Symposium, Part II of this Introductory Article explores the different modalities of protection—in particular the role of patents and regulatory exclusivities in providing the needed incentives to pharmaceutical developers. Part III identifies three sets of challenges that affect the future of pharmaceutical innovation at both the domestic and international levels. Part IV utilizes a very recent event—the COVID-19 pandemic—to illustrate the wide array of policy options and possibilities both within and outside the intellectual property system. This Part makes salient the nexus between the domestic and international debates on pharmaceutical innovation.


Author(s):  
Noam Shemtov

This chapter examines the scope of protection to which graphical user interfaces may be eligible under various intellectual property rights: namely, trade marks, unfair-competition laws, design rights, copyright, and patents. It first considers the extent of copyright protection over a software product’s ‘look-and-feel’ elements, with particular emphasis on graphical user interfaces protection under US and EU laws. It then discusses trade-mark, trade-dress, and unfair-competition protection for graphical user interfaces, along with intellectual property rights protection for design patents and registered designs. Finally, it describes the patent protection for graphical user interfaces in the United States and at the European Patent Office.


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