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Professor Stazi's volume on biotechnological inventions is an
excellent work that any scholar or practitioner in this complex
area of law should not only read, but also frequently consult. This
detailed, systematic and comprehensive explanation of the
provisions on 'patentability of life' - both in the EU and the USA
- is combined with the related theories and constructions as well
as the relevant case law. In this regard, the author offers a
balanced overview of the relevant provisions and their explicit or
implied exceptions.' - Alberto Musso, University of Bologna,
Italy'The appropriate protection of biotechnological inventions and
the so-called 'patentability of life' are one of the most crucial
questions of modern intellectual property. It is also one of the
most debated, as it involves not only complex legal issues but
raises high social, ethical and even sometimes religious concerns.
Professor Stazi's book is thus a very timely contribution, managing
the 'tour de force' of combining serious and comparative doctrinal
analysis of the criteria (and the limits) of patentability, while
at the same time offering a good overview of the challenges with
regard to bioethics and fundamental rights. Without any doubt, this
volume will enrich the already excellent series on New Directions
in Patent Law.' - Christophe Geiger, CEIPI, University of
Strasbourg, France In today's technological world, biotechnology is
one of the most innovative and highly invested-in industries for
research, in the field of science. This book analyzes the forms and
limitations of patent protection recognition for biotechnological
inventions, with particular regard to patentability of life. The
author expertly compares the United States model, traditionally
based on technical evaluations, with the European model, inspired
by fundamental rights and bioethics. He highlights how the
regulation of biotechnological inventions should guarantee a fair
balance between protection of investment and access to information,
which is essential for further research and innovation. Academics
and practitioners dealing with intellectual property, patent law
and biotechnological inventions will find this book to be of
interest. The topics discussed will also be useful for patent
offices and medical institutions, as well as medical researchers.
The book analyzes the most relevant developments in the relation
between contracts and technology, from automatically concluded
contracts to today's revolutionary "smart contracts" developed
through blockchain, which are beginning to and will increasingly
disrupt many economic and social relations. First of all, the
author offers a broad analysis of the peculiarities and evolution
of the relation between contracts and technology. The main features
and elements of electronic contracts are then examined in depth to
highlight the specific rules applicable to them in the
international comparative legal framework. In turn, the book
provides a detailed explanation of the technology, economic and
social dynamics, and legal issues concerning blockchain and smart
contracts. The analysis focuses on the question of the legal nature
of smart contracts, the issues posed by their development and the
first legal solutions adopted in some countries. The comparative
approach pursued makes it possible to focus attention on the first
solutions adopted until now in various systems, with particular
regard to the circulation of models and ideas and to the
specificities of their local variations, in terms of e.g.
applicable law and jurisdiction. In reviewing the characteristics
of distributed ledger technologies, and in particular of the
blockchain technology on which smart contracts are based, above all
the peculiarities of the latter are taken into consideration,
especially automatic execution and resistance to tampering, which
simultaneously present significant opportunities and complex legal
issues. A comprehensive framework is then provided to reconcile
smart contracts with comparative contract law, in order to define
the scope and specificities of their binding force, legal
effectiveness and regulation in various legal systems. Lastly, with
specific reference to the elements, pathologies and contractual
remedies for smart contracts, the book examines the peculiarities
of their application and the main issues that emerge in comparative
contract law in order to promote their harmonized use, in keeping
with the transnational nature of such a revolutionary tool.
The book analyzes the most relevant developments in the relation
between contracts and technology, from automatically concluded
contracts to today's revolutionary "smart contracts" developed
through blockchain, which are beginning to and will increasingly
disrupt many economic and social relations. First of all, the
author offers a broad analysis of the peculiarities and evolution
of the relation between contracts and technology. The main features
and elements of electronic contracts are then examined in depth to
highlight the specific rules applicable to them in the
international comparative legal framework. In turn, the book
provides a detailed explanation of the technology, economic and
social dynamics, and legal issues concerning blockchain and smart
contracts. The analysis focuses on the question of the legal nature
of smart contracts, the issues posed by their development and the
first legal solutions adopted in some countries. The comparative
approach pursued makes it possible to focus attention on the first
solutions adopted until now in various systems, with particular
regard to the circulation of models and ideas and to the
specificities of their local variations, in terms of e.g.
applicable law and jurisdiction. In reviewing the characteristics
of distributed ledger technologies, and in particular of the
blockchain technology on which smart contracts are based, above all
the peculiarities of the latter are taken into consideration,
especially automatic execution and resistance to tampering, which
simultaneously present significant opportunities and complex legal
issues. A comprehensive framework is then provided to reconcile
smart contracts with comparative contract law, in order to define
the scope and specificities of their binding force, legal
effectiveness and regulation in various legal systems. Lastly, with
specific reference to the elements, pathologies and contractual
remedies for smart contracts, the book examines the peculiarities
of their application and the main issues that emerge in comparative
contract law in order to promote their harmonized use, in keeping
with the transnational nature of such a revolutionary tool.
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