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to humankind. How can the patent system help scientists, commercial enterprises and civil society at large to realize … those benefits while safeguarding the rights and interests of biodiversity-rich countries, and indigenous and local … communities?It has been argued that new patent disclosure requirements related to genetic resources and traditional knowledge are …
Persistent link: https://www.econbiz.de/10012954122
This paper provides a series of international indicators for biodiversity and traditional knowledge within the global … patent system. The indicators are based on a review of the International Patent Classification in use by patent offices … ranging from agriculture to cosmetics, traditional medicines, pharmaceuticals and biotechnology. A series of sub-sectors such …
Persistent link: https://www.econbiz.de/10012709142
true to the over-arching principle of global welfare-maximization in TRIPS and by utilizing patent exemptions in … international recognition of IPRs and also conservation and sustainable use of biodiversity …
Persistent link: https://www.econbiz.de/10014173897
(Report EEA/BSS/08/012). The patent indicator identifies biodiversity and traditional knowledge within the international … European countries and related instruments using the World Patent Statistical Database (PATSTAT). Four definitions of … biodiversity and traditional knowledge are provided and compared in the report: a) an OECD definition of biotechnology patents; b …
Persistent link: https://www.econbiz.de/10013095961
consequently of potential claims, are however often vague. Patent laws enacted under TRIPS, in a context of a strong growth market … patent thickets. In combination, these regimes encourage a race to extract value by the beneficiaries of the entitlements …-related medicines in the event of pandemics. Its IP treatment defaults to national patent laws. In the context of the influenza …
Persistent link: https://www.econbiz.de/10014170126
forward the hypothesis that the developing world, aided by non-governmental organizations (NGOs), is becoming more organized …
Persistent link: https://www.econbiz.de/10014059153
sharing regimes including the United Nations’ Convention on Biological Diversity (CBD) and Nagoya Protocol as well as patent … laws under the World Trade Organisation's Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). This … commercialisation continuum and extraterritorial complexities. This article provides an insight into how a TRIPS-compliant patent …
Persistent link: https://www.econbiz.de/10014123890
valuable assistance in combating each one. Though it cannot offer a complete solution to the biodiversity crisis, the patent … system can offer powerful tools to help save biodiversity. On first inspection, patent law might appear an unlikely ally for … biodiversity loss. Second, as a tool for promoting economic growth, the patent system might be viewed as contributing to …
Persistent link: https://www.econbiz.de/10014196348
patent rights in particular - to human rights is belied by the historical evolution of these rights and negated structurally …, by the manner in which claims to intellectual products are recognized in law. The characterization of patent rights as … patent prerogatives when they are characterized as human rights than when they are justified on utilitarian grounds. Moreover …
Persistent link: https://www.econbiz.de/10014055917
Judge Bryson recently asserted in Association for Molecular Pathology v. US Patent and Trademark Office (dissenting … with his position that certain gene patents should be declared patent ineligible, reflects a widely held misperception that … consider gene patents in abstract terms that disregard the critical role of patent claims in limiting the scope of a patent …
Persistent link: https://www.econbiz.de/10014173192