Patents in the life sciences sector have sparked considerable debate over the past years. The grant of a series of patents for the screening of breast cancer (BRCA) genes led to wide controversy in Europe, the US and Australia. The grant of patents for plants resulting from essentially...

In the ongoing debate concerning DNA patents, there is a need for empirical data. We aim at treating this data set for DNA patents related to diagnostic genetic testing. To this end we developed two tools to facilitate this process. First, we set up a search strategy to find the relevant...

The genetics community is increasingly concerned that patents might lead to restricted access to research and health care. We explore various measures that are designed to render patented genetic inventions accessible to further use in research, and to diagnosis and/or treatment. They include...

Ever since genes were first patented, the legitimacy and economics of human gene patents have been at the forefront of intense debate. Different stakeholders have expressed concerns about the effect of ‘blocking patents’ or ‘patent thickets’ on genetic technology, arguing that because...

In their foundational paper, 'Constructing Commons in the Cultural Environment', Madison, Frischmann and Strandburg develop a theoretical framework for analyzing and systematizing constructed cultural commons, thereby tilting the Institutional Analysis and Development (IAD) framework approach,...

Open innovation (OI) is high on the commercial and political agenda. It revolves around R&D partnerships, set up to keep up with rapid technological developments. In negotiating such R&D partnerships, the allocation of intellectual property (IP) ownership, in particular patent ownership and...

The present paper discusses the decision earlier this year of Judge Robert W. Sweet of the District Court for the Southern District of New York to deny patent protection for isolated human genes and associated diagnostic methods. The case related to genetic tests for familial breast and ovarian...

The political changes in Central and Eastern Europe have prompted a wave of legislative reforms in the area of industrial property law. The present article aims to examine the current legal scene as to the protection of new plants and animals in the Russian Federation in the context of the...

On July 5 2000 the European Commission proposed the creation of a Community patent to give inventors the option of obtaining a single patent legally valid throughout the European Union. The Lisbon European Council cited the creation of a Community patent as an essential part of Europe's efforts...

For the last 25 years we have seen a flood of new developments and new applications in the field of biotechnology and genetic engineering. The question facing researchers, patent practitioners, patent authorities, courts and legislators is whether or not, and if yes, to which extent, protection...