The Intellectual Property Regulatory Complex
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Author | : Emily Marden |
Publisher | : UBC Press |
Total Pages | : 273 |
Release | : 2016-03-06 |
Genre | : Law |
ISBN | : 0774831812 |
Advances in agricultural genomics could help address pressing global issues, such as world hunger, by improving crop yield. However, overlap and conflict in intellectual property and biosafety regimes – known collectively as the “Intellectual Property–Regulatory Complex” – create significant barriers to innovation. In this collection, leading legal, policy, and economics experts analyze the impact of the Complex on agricultural genomics. They reveal how it impacts scientific advancement in ways that are underappreciated when intellectual property and biosafety regimes are examined in isolation. After identifying how the interplay between multiple regimes impedes research, development, and product distribution, they propose solutions that would further the aims of the current intellectual property and biosafety regimes while enabling growth and innovation in agricultural genomics.
Author | : Emily Marden |
Publisher | : UBC Press |
Total Pages | : 272 |
Release | : 2016-03-06 |
Genre | : Law |
ISBN | : 9780774831802 |
Advances in agricultural genomics could help address pressing global issues such as world hunger. However, overlapping and inconsistent intellectual property and biosafety regimes – collectively referred to as the “Intellectual Property–Regulatory Complex” – create significant, and often conflicting, barriers to developing and commercializing new agricultural biotechnology. The authors of this collection explore how this Complex impacts innovation in ways that cannot be appreciated when individual regimes are examined in isolation. They then propose solutions that would meet the objectives of the current intellectual property and biosafety regimes while enabling innovation in the field of agricultural genomics.
Author | : Jan Bernd Nordemann |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 605 |
Release | : 2021-08-23 |
Genre | : Law |
ISBN | : 9403532815 |
Data, in its raw or unstructured form, has become an important and valuable economic asset, lending it the sobriquet of ‘the oil of the twenty-first century’. Clearly, as intellectual property, raw data must be legally defined if not somehow protected to ensure that its access and re-use can be subject to legal relations. As legislators struggle to develop a settled legal regime in this complex area, this indispensable handbook will offer a careful and dedicated analysis of the legal instruments and remedies, both existing and potential, that provide such protection across a wide variety of national legal systems. Produced under the auspices of the International Association for the Protection of International Property (AIPPI), more than forty of the association’s specialists from twenty-three countries worldwide contribute national chapters on the relevant law in their respective jurisdictions. The contributions thoroughly explain how each country approaches such crucial matters as the following: if there is any intellectual property right available to protect raw data; the nature of such intellectual property rights that exist in unstructured data; contracts on data and which legal boundaries stand in the way of contract drafting; liability for data products or services; and questions of international private law and cross-border portability. Each country’s rules concerning specific forms of data – such as data embedded in household appliances and consumer goods, criminal offence data, data relating to human genetics, tax and bank secrecy, medical records, and clinical trial data – are described, drawing on legislation, regulation, and case law. A matchless legal resource on one of the most important raw materials of the twenty-first century, this book provides corporate counsel, practitioners and policymakers working in the field of intellectual property rights, and concerned academics with both a broad-based global overview on emerging legal strategies in the protection of unstructured data and the latest information on existing legislation and regulation in the area.
Author | : Graham Dutfield |
Publisher | : Edward Elgar Publishing |
Total Pages | : 571 |
Release | : 2020-01-31 |
Genre | : Law |
ISBN | : 1782548831 |
A much-anticipated new edition of this acclaimed work on intellectual property (IP) in its global context. With intelligent and insightful coverage of IP law from international and comparative perspectives this second edition has been thoroughly revised and expanded. This unique textbook presents the main IP rights, identifying their basic features and tracing their evolution up to the present day by reference to statutes, cases and international treaties.
Author | : Emily Marden |
Publisher | : |
Total Pages | : |
Release | : 2016 |
Genre | : Agricultural biotechnology |
ISBN | : 9780774831826 |
"Advances in agricultural genomics could help address pressing issues, such as world hunger, by improving crop yield. However, overlap and conflict in the laws governing intellectual property and biosafety regimes--known collectively as the "intellectual property-regulatory complex"--has created significant barriers to innovation. In this collection, leading legal, policy and economics experts analyze the impact of the Complex on agricultural genomics. They reveal how it affects scientific advancement in ways that are underappreciated when intellectual property and biosafety regimes are examined in isolation, and identify inconsistencies, overlap, and conflict in multiple regimes that collectively impede research, development, and product distribution. They then propose solutions that would facilitate greater efficiency in meeting the aims of the current intellectual property and biosafety regimes that make up the Complex while enabling growth and innovation in this vitally important field."--
Author | : Matthew David |
Publisher | : SAGE |
Total Pages | : 841 |
Release | : 2014-11-18 |
Genre | : Social Science |
ISBN | : 1473909023 |
This Handbook brings together scholars from around the world in addressing the global significance of, controversies over and alternatives to intellectual property (IP) today. It brings together over fifty of the leading authors in this field across the spectrum of academic disciplines, from law, economics, geography, sociology, politics and anthropology. This volume addresses the full spectrum of IP issues including copyright, patent, trademarks and trade secrets, as well as parallel rights and novel applications. In addition to addressing the role of IP in an increasingly information based and globalized economy and culture, it also challenges the utility and viability of IP today and addresses a range of alternative futures.
Author | : National Academies of Sciences, Engineering, and Medicine |
Publisher | : National Academies Press |
Total Pages | : 607 |
Release | : 2017-01-28 |
Genre | : Science |
ISBN | : 0309437385 |
Genetically engineered (GE) crops were first introduced commercially in the 1990s. After two decades of production, some groups and individuals remain critical of the technology based on their concerns about possible adverse effects on human health, the environment, and ethical considerations. At the same time, others are concerned that the technology is not reaching its potential to improve human health and the environment because of stringent regulations and reduced public funding to develop products offering more benefits to society. While the debate about these and other questions related to the genetic engineering techniques of the first 20 years goes on, emerging genetic-engineering technologies are adding new complexities to the conversation. Genetically Engineered Crops builds on previous related Academies reports published between 1987 and 2010 by undertaking a retrospective examination of the purported positive and adverse effects of GE crops and to anticipate what emerging genetic-engineering technologies hold for the future. This report indicates where there are uncertainties about the economic, agronomic, health, safety, or other impacts of GE crops and food, and makes recommendations to fill gaps in safety assessments, increase regulatory clarity, and improve innovations in and access to GE technology.
Author | : BIRD & BIRD. LLP |
Publisher | : |
Total Pages | : |
Release | : 2019 |
Genre | : |
ISBN | : 9780414070547 |
Author | : Karine E. Peschard |
Publisher | : MIT Press |
Total Pages | : 209 |
Release | : 2022-10-04 |
Genre | : Political Science |
ISBN | : 0262372223 |
How lawsuits around intellectual property in Brazil and India are impacting the patentability of plants and seeds, farmers’ rights, and the public interest. Over the past decade, legal challenges have arisen in the Global South over patents on genetically modified crops. In this ethnographic study, Karine E. Peschard explores the effects of these disputes on people’s lives, while uncovering the role of power—material, institutional, and discursive—in shaping laws and legal systems. The expansion of corporate intellectual property (IP), she shows, negatively impacts farmers’ rights and, by extension, the right to food, since small farms produce the bulk of food for domestic consumption. Peschard sees emerging a new legal common sense concerning the patentability of plant-related inventions, as well as a balance among IP, farmers’ rights, and the public interest. Peschard examines the strengthening of IP regimes for plant varieties, the consolidation of the global biotech industry, the erosion of agrobiodiversity, and farmers’ dispossession. She shows how litigants question the legality of patents and private IP systems implemented by Monsanto for royalties on three genetically modified crop varieties, Roundup Ready soybean in Brazil and Bt cotton and Bt eggplant in India. Peschard argues that these private IP systems have rendered moot domestic legislation on plant variety protection and farmers’ rights. This unprecedented level of corporate concentration in such a vital sector raises concerns over the erosion of agricultural biodiversity, farmers’ rights and livelihoods, food security, and, ultimately, the merits of extending IP rights to higher life forms such as plants.
Author | : Kenneth C. Shadlen |
Publisher | : Edward Elgar Publishing |
Total Pages | : 353 |
Release | : 2011-01-01 |
Genre | : Medical |
ISBN | : 0857938614 |
'This impressive collection offers fascinating new perspectives on the impact of pharmaceutical patents on access to medicines in developing countries. The volume's editors have put together an important book that sets out clearly the challenges to public health in a wide range of national contexts. The book will be a valuable text for all scholars and decision-makers interested in the global politics of intellectual property rights and public health.' – Duncan Matthews, Queen Mary, University of London, UK This up-to-date book examines pharmaceutical development, access to medicines, and the protection of public health in the context of two fundamental changes that the global political economy has undergone since the 1970s, the globalization of trade and production and the increased harmonization of national regulations on intellectual property rights. With authors from eleven different countries presenting case studies of national experiences in Africa, Asia and the Americas, the book analyzes national strategies to promote pharmaceutical innovation, while at the same time assuring widespread access to medicines through generic pharmaceutical production and generic pharmaceutical importation. The expert chapters focus on patents as well as an array of regulatory instruments, including pricing and drug registration policies. Presenting in-depth analysis and original empirical research, this book will strongly appeal to academics and students of intellectual property, international health, international political economy, international development and law.