EAN: 9788132220589

BIOTECHNOLOGY AND INTELLECTUAL PROPERTY RIGHTS ...

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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