Property Rights In Blood Genes And Data PDF Download
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| Author | : Jasper A. Bovenberg |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 226 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 9004150536 |
Download Property Rights in Blood, Genes and Data Book in PDF, ePub and Kindle
Taking a case and context driven approach and backing up traditional legal analysis with historical analogies, web-surveys and practical experience, "Jasper Bovenberg" provides counter-intuitive, provocative and practical answers and recommendations for such controversial issues as how to share the benefits of DNA research, whether or not to recognize personal property rights in bodily material and access to biomedical datasets in academia.
| Author | : National Research Council |
| Publisher | : National Academies Press |
| Total Pages | : 188 |
| Release | : 2006-03-09 |
| Genre | : Science |
| ISBN | : 0309164885 |
Download Reaping the Benefits of Genomic and Proteomic Research Book in PDF, ePub and Kindle
The patenting and licensing of human genetic material and proteins represents an extension of intellectual property (IP) rights to naturally occurring biological material and scientific information, much of it well upstream of drugs and other disease therapies. This report concludes that IP restrictions rarely impose significant burdens on biomedical research, but there are reasons to be apprehensive about their future impact on scientific advances in this area. The report recommends 13 actions that policy-makers, courts, universities, and health and patent officials should take to prevent the increasingly complex web of IP protections from getting in the way of potential breakthroughs in genomic and proteomic research. It endorses the National Institutes of Health guidelines for technology licensing, data sharing, and research material exchanges and says that oversight of compliance should be strengthened. It recommends enactment of a statutory exception from infringement liability for research on a patented invention and raising the bar somewhat to qualify for a patent on upstream research discoveries in biotechnology. With respect to genetic diagnostic tests to detect patient mutations associated with certain diseases, the report urges patent holders to allow others to perform the tests for purposes of verifying the results.
| Author | : David Castle |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 475 |
| Release | : 2009 |
| Genre | : Science |
| ISBN | : 1849801932 |
Download The Role of Intellectual Property Rights in Biotechnology Innovation Book in PDF, ePub and Kindle
. . . recommended to anyone interested in the thrilling subject of the relationship of IPRs and innovation. Ralf Uhrich, Journal of Intellectual Property This is an outstanding piece of scholarship. It will serve as a powerful stimulant for new research in the field and as a reliable guide for practitioners. Calestous Juma, Harvard University, US Intellectual property rights (IPRs), particularly patents, occupy a prominent position in innovation systems, but to what extent they support or hinder innovation is widely disputed. Through the lens of biotechnology, this book delves deeply into the main issues at the crossroads of innovation and IPRs to evaluate claims of the positive and negative impacts of IPRs on innovation. An international group of scholars from a range of disciplines economic geography, health law, business, philosophy, history, public health, management examine how IPRs actually operate in innovation systems, not just from the perspective of theory but grounded in their global, regional, national, current and historical contexts. In so doing, the contributors seek to uncover and move beyond deeply held assumptions about the role of IPRs in innovation systems. Scholars and students interested in innovation, science and technology policy, intellectual property rights and technology transfer will find this volume of great interest. The findings will also be of value to decision makers in science and technology policy and managers of intellectual property in biotechnology and venture capital firms.
| Author | : Christian Lenk |
| Publisher | : Routledge |
| Total Pages | : 307 |
| Release | : 2016-05-13 |
| Genre | : Law |
| ISBN | : 1317141377 |
Download Ethics and Law of Intellectual Property Book in PDF, ePub and Kindle
Divided into three parts, this edited volume gives an overview of current topics in law and ethics in relation to intellectual property. It addresses practical issues encountered in everyday situations in politics, research and innovation, as well as some of the underlying theoretical concepts. In addition, it provides an insight into the process of international policy-making, showing the current problems in the area of intellectual property in science and research. It also highlights changes in the fundamental understanding of common and private property and the possible implications and challenges for society and politics.
| Author | : Rajam Neethu |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 342 |
| Release | : 2019-06-21 |
| Genre | : Law |
| ISBN | : 9403506229 |
Download Governing Intellectual Property Rights Within Publicly Funded Biobanks Book in PDF, ePub and Kindle
Governing Intellectual Property Rights Within Publicly Funded Biobanks R. Neethu The boom in biobanks and health databases as research infrastructures have evoked various legal and ethical debates. Since then numerous new developments have emerged such as digitalization, big-data research and artificial intelligence which has important implications for biobank-based research and collaborations. This new paradigm offers new legal challenges for commercial involvement particularly within a publicly funded setting. In this innovative book, the author shows that securing maximum social benefit out of the knowledge emanating from the use of biobank resources lies in managing intellectual property inputs and outputs effectively in keeping with the values core to such research. Focusing on the challenges of involving intellectual property rights (IPRs) particularly in the precompetitive phase of biobank-based research, the book offers an extensive understanding of the role of different IPRs and identifies the gaps in the law and its implications for biobanks. The analysis covers important aspects in relation to biobanks such as: Digital integration and biomedical data storage; Ownership of biological samples; Commercialization and benefit sharing; Partnership models; Public sector research; Disposition of samples; Consent; Cross-border exchange; Trade secrecy; Privacy; Regulatory stewardship; Business strategies; Ethical considerations over biological resources; Patenting of inventions relating to personalized medicine; Ethical parameters within patent law; and Rights regarding genetic data and databases. The book includes observations, case studies and interviews conducted by the author. In conclusion, the author offers cogent recommendations for legal interoperability of IP rules and research practices designed to enhance the ability of biobanks to share, access and reuse data. This book is the first of its kind to explore the organizational and legislative choices for biobanks particularly while engaging in the protection of research results and technology transfer within a publicly funded setting. It will be of substantial interest to all stakeholders in biobanking, especially policymakers, biobankers and researchers working in the field of health law as well as for legal practitioners, academics and patient interest groups.
| Author | : National Research Council |
| Publisher | : National Academies Press |
| Total Pages | : 101 |
| Release | : 1998-01-19 |
| Genre | : Science |
| ISBN | : 0309184746 |
Download Evaluating Human Genetic Diversity Book in PDF, ePub and Kindle
This book assesses the scientific value and merit of research on human genetic differencesâ€"including a collection of DNA samples that represents the whole of human genetic diversityâ€"and the ethical, organizational, and policy issues surrounding such research. Evaluating Human Genetic Diversity discusses the potential uses of such collection, such as providing insight into human evolution and origins and serving as a springboard for important medical research. It also addresses issues of confidentiality and individual privacy for participants in genetic diversity research studies.
| Author | : Kshitij Kumar Singh |
| Publisher | : Springer |
| Total Pages | : 270 |
| Release | : 2014-10-27 |
| Genre | : Law |
| ISBN | : 8132220595 |
Download Biotechnology and Intellectual Property Rights Book in PDF, ePub and Kindle
This book offers a valuable contribution to contemporary legal literature, providing deep insights into the interface between law and genetics, highlighting emerging issues and providing meaningful solutions to current problems. It will be of interest to a broad readership, including academics, lawyers, policy makers and scholars engaged in interdisciplinary research. In the context of examining and analyzing the legal and social implications arising from the recent conjunction of biotechnology and intellectual property rights, the book particularly focuses on human genes and gene variations. Emphasis is placed on “patent law,” as a considerable percentage of genetic inventions are covered by patents. The book presents a comparative and critical examination of patent laws and practices related to biotechnology patents in the United States, Canada, European Union and India, in order to gather the common issues and the differences between them. The international patent approach regarding biotechnology is also analyzed in light of the constant conflict between differentiation and harmonization of patent laws. The book highlights the potential gaps and uncertainties as to the scope of numerous terms such as invention, microorganisms, microbiological processes, and essential biological processes under TRIPS. Also analyzed are the social and policy implications of patents relating to genetic research tools and genetic testing. The intricacies involved in providing effective intellectual property protection to bioinformatics and genomic databases are also examined. Bearing in mind the collaborative nature of bioinformatics and genomic databases, the book evaluates the pros and cons of open biotechnology and assesses the implications of extending intellectual property rights to human genetic resources, before explaining the ownership puzzle concerning human genetic material used in genetic research.
| Author | : Padma Nambisan |
| Publisher | : Academic Press |
| Total Pages | : 394 |
| Release | : 2017-06-21 |
| Genre | : Medical |
| ISBN | : 0128092513 |
Download An Introduction to Ethical, Safety and Intellectual Property Rights Issues in Biotechnology Book in PDF, ePub and Kindle
An Introduction to Ethical, Safety and Intellectual Property Rights Issues in Biotechnology provides a comprehensive look at the biggest technologies that have revolutionized biology since the early 20th century, also discussing their impact on society. The book focuses on issues related to bioethics, biosafety and intellectual property rights, and is written in an easy-to-understand manner for graduate students and early career researchers interested in the opportunities and challenges associated with advances in biotechnology. Important topics covered include the Human Genome Project, human cloning, rDNA technology, the 3Rs and animal welfare, bioterrorism, human rights and genetic discrimination, good laboratory practices, good manufacturing practices, the protection of biological material and much more. Full of relevant case studies, practical examples, weblinks and resources for further reading, this book offers an essential and holistic look at the ways in which biotechnology has affected our global society. Provides a comprehensive look at the ethical, legal and social implications of biotechnology Discusses the global efforts made to resolve issues Incorporates numerous case studies to more clearly convey concepts and chart the development of guidelines and legislation regulating issues in biotechnology Takes a straightforward approach to highlight and discuss both the benefits and risks associated with the latest biotechnologies
| Author | : Marcelo Corrales Compagnucci |
| Publisher | : Springer Nature |
| Total Pages | : 308 |
| Release | : 2019-11-02 |
| Genre | : Law |
| ISBN | : 9811503494 |
Download Big Data, Databases and "Ownership" Rights in the Cloud Book in PDF, ePub and Kindle
Two of the most important developments of this new century are the emergence of cloud computing and big data. However, the uncertainties surrounding the failure of cloud service providers to clearly assert ownership rights over data and databases during cloud computing transactions and big data services have been perceived as imposing legal risks and transaction costs. This lack of clear ownership rights is also seen as slowing down the capacity of the Internet market to thrive. Click-through agreements drafted on a take-it-or-leave-it basis govern the current state of the art, and they do not allow much room for negotiation. The novel contribution of this book proffers a new contractual model advocating the extension of the negotiation capabilities of cloud customers, thus enabling an automated and machine-readable framework, orchestrated by a cloud broker. Cloud computing and big data are constantly evolving and transforming into new paradigms where cloud brokers are predicted to play a vital role as innovation intermediaries adding extra value to the entire life cycle. This evolution will alleviate the legal uncertainties in society by means of embedding legal requirements in the user interface and related computer systems or its code. This book situates the theories of law and economics and behavioral law and economics in the context of cloud computing and takes database rights and ownership rights of data as prime examples to represent the problem of collecting, outsourcing, and sharing data and databases on a global scale. It does this by highlighting the legal constraints concerning ownership rights of data and databases and proposes finding a solution outside the boundaries and limitations of the law. By allowing cloud brokers to establish themselves in the market as entities coordinating and actively engaging in the negotiation of service-level agreements (SLAs), individual customers as well as small and medium-sized enterprises could efficiently and effortlessly choose a cloud provider that best suits their needs. This approach, which the author calls “plan-like architectures,” endeavors to create a more trustworthy cloud computing environment and to yield radical new results for the development of the cloud computing and big data markets.
| Author | : Institute of Medicine |
| Publisher | : National Academies Press |
| Total Pages | : 353 |
| Release | : 1994-01-01 |
| Genre | : Medical |
| ISBN | : 0309047986 |
Download Assessing Genetic Risks Book in PDF, ePub and Kindle
Raising hopes for disease treatment and prevention, but also the specter of discrimination and "designer genes," genetic testing is potentially one of the most socially explosive developments of our time. This book presents a current assessment of this rapidly evolving field, offering principles for actions and research and recommendations on key issues in genetic testing and screening. Advantages of early genetic knowledge are balanced with issues associated with such knowledge: availability of treatment, privacy and discrimination, personal decision-making, public health objectives, cost, and more. Among the important issues covered: Quality control in genetic testing. Appropriate roles for public agencies, private health practitioners, and laboratories. Value-neutral education and counseling for persons considering testing. Use of test results in insurance, employment, and other settings.
