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Biotechnology and Intellectual Property Rights - Legal and Social Implications (Hardcover, 2015 ed.)
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Biotechnology and Intellectual Property Rights - Legal and Social Implications (Hardcover, 2015 ed.)
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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.
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