Intellectual Property and Biodiversity


Book Description

Biotechnology is at the heart of heated debates about ethics, safety, economic development, and about the control over the biological materials and technologies used. The latter, grossly called biodiversity issues relating to the application of intellectual property, has been the subject of a wealth of literature. Yet, the situation of animal genetic resources specifically has only marginally been addressed so far. Many books and articles address ‘biotechnology and agriculture’, but have only plants and seeds in mind. Case-law and specific regulation is equally scarce. Exacerbated by the so-called ‘erosion of animal genetic resources’, climate change, the globalization of the market-place, and a strong concentration of markets, animal genetic resources however demand specific analysis and adjustments in intellectual property law. The decoupling of rights over animal genetic resources as an abstract concept, from those over the concrete animals is a fact today. The application of patents in this context became a full-fledged part of the management of animal genetic resources. This monograph analyzes against this background the impact of the patent system on ownership traditions in agriculture, on animal welfare, and on biodiversity. It looks at how those factors in turn are likely to affect the shape of patent law, and how they should affect it. The author hereby focuses on important specific issues arising, including the following: the underlying elements deciding on the shape of regulation – innovation, economic development, agriculture, human rights, animal welfare, the conservation of resources, and equal trading conditions; the continuing applicability of trademarks, geographical indications, copyright, and trade secrets; patentability rules and exclusions; the extension of patent rights over progeny; the meaning of ‘essentially biotechnological processes’; the legal definitions of ‘morality’ and ‘ordre public’ in the context of animal welfare; and the future of international patent law in the context of global governance theories. With detailed investigation of how three major jurisdictions – the European Union, the United States, and Canada – have regulated the matter, the book highlights unresolved issues in the laws dealing with animal genetic resources. How do the usual principles of patent law affect ownership over animals in agriculture? To what extent is patent law in accordance with neighbouring fields of regulation, with relation to animal welfare? How can intellectual property be used to alter, stimulate, or tackle developments in the realm of the conservation and promotion of biodiversity? Questions like these are asked, checked upon the more technical country studies; and then used to put to test the adequacy of international patent regulation in a final chapter. As a deeply informed overview of the arguments and discussion points, this is the only book of its kind. It links general discussions to the often technical and complicated patent regulations, in the specific context of animal genetic resources. It is sure to bring lawyers in the field closer to the policy debates; and decision makers closer to the precise idiosyncrasies of patent law.







Biotechnological Inventions: Moral Restraints and Patent Law


Book Description

Advances in modern biotechnology have produced profound and far-reaching implications for the relationship between humans, animals and the environment. As a result, a debate has arisen surrounding the legal, moral and social problems connected with this technology. A central part of this debate focuses on the role of moral considerations in the patent system as a form of regulation. This book examines this role and asks why in the context of biotechnological inventions morality has become an important issue. The origin, policy and legislative history of patent law in both the United States and member countries of the European Union is examined, with particular reference to the provisions relating to morality. Examining specific cases, the author elucidates the moral concerns associated with modern biotechnology, thus providing an important contribution to the debate and a valuable resource for all those working in this exciting field.




Australian Intellectual Property Law


Book Description

Updated to include recent important developments in Australian intellectual property law, this is an essential text for students and professionals.




Australian Intellectual Property Law


Book Description

The fourth edition of Australian Intellectual Property Law provides a detailed and comprehensive, yet concise and accessible discussion of intellectual property law in Australia. This edition has been thoroughly revised to cover the most recent developments in intellectual property law, including significant case law and discussion of the proposed and enacted amendments to the Copyright Act 1968 (Cth), the Patents Act 1990 (Cth) and the Plant Breeder's Rights Act 1994 (Cth). The text has been restructured, but continues to provide a complete discussion of the black-letter aspects of the law. Commencing with copyright, then followed by design law, confidential information, patents, plant breeder's rights, then finally trade marks. The work ends with a chapter on enforcing legal rights and civil remedies. Written by highly-respected intellectual property law researchers this text is an invaluable resource for both undergraduate and postgraduate students, academics and other professionals working with intellectual property.




United States Reports


Book Description







The Supreme Court on Patent Law


Book Description

The Supreme Court on Patent Law is a digest of U.S. Supreme Court decisions in the field of patent law. The author catalogs the Supreme Courtand’s involvement in shaping patent law, from its first cases to the most recent cases, shedding important light on the evolving course of this rapidly-changing practice area. Specifically, this book examines the Courtand’s treatment of patentable subject matter, including a case-by-case analysis in reverse chronological order and by specific topic that describes each case in a short, multi-paragraph format accompanied by key facts, key holdings and select quotations. Additionally, the author considers the Courtand’s treatment of relevant subjects in patent law: claim construction, statutory requirements, prior art defenses, equitable defenses, damages, willful infringement, declaratory judgment jurisdiction and injunctions. The principal areas of the work are the Supreme Courtand’s treatment of: Patent law Patentable subject matter Claim construction Statutory requirements Prior art defenses Equitable defenses Damages Willful infringement Declaratory judgment jurisdiction Injunctions and other remedial matters. This new title provides powerful quotations and an analytical roadmap that practitioners can use in their briefs, in arguments, and in formulating litigation strategy at each stage of the federal court system. RECENT REVIEWS: andquot;In this well organized, readily accessible and highly readable treatise, Michael Kiklis analyzes the serial interventions by the Supreme Court that keep altering the purely statutory patent law as interpreted by the Federal Circuit and understood by patent practitioners. Because these alterations are continuing and even accelerating, practitioners need to anticipate where the Court is headed next if they are to serve their clients well. By stressing trends and explaining dicta for what it may portend, Kiklis provides an invaluable chart for navigating shifting seas.andquot; and– Paul Michel, former Chief Judge, United States Court of Appeals for the Federal Circuit and“In this one volume, Michael Kiklis has filled in a critical gap in our understanding of modern American patent law. Every person interested in the field must study the current Supreme Courtand’s take on patents, and there is no better source than this treatise.andquot; and– Tom Goldstein, Publisher, Scotusblog.com and“The Supreme Court on Patent Law is a tremendous resource for all patent practitioners, but is a must have for all executive level in-house patent counsel. In his treatise, Mike provides a detailed road map that will enable in-house counsel to make better strategic decisions quickly. In a time when more is asked of fewer in less time, this will be the single best go to resource for all things past, current and future in the world of patent law. While we will never know exactly where the Supreme Court will land on a given patent law issue, Mikeand’s road map provides GPS level clarity on the likely destination.and” and– Dave Berdan, Vice President, Intellectual Property, International Game Technology and“The Supreme Court on Patent Law is a great resource for the expert and the novice alike. It offers a straightforward, at-a-glance gateway into every key aspect of patent law, via the most authoritative source available: summaries of and key quotes from all relevant Supreme Court decisions.and” and– Lisa A. Dolak, Professor of Law, Syracuse University College of Law and“The Supreme Court on Patent Law is a must read for every patent practitioner. The Supreme Court is the most important voice on patents and this tre