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Biotechnology, patents, and morality
2nd ed. - Aldershot, England ; Burlington, VT : Ashgate, c2000.This work documents an international and interdisciplinary workshop on the ethical aspects of the patenting of biotechnological inventions, including genes, plants and animals. The public perception is discussed, along with how these perceptions relate to ethical, social and cultural factors. The legal framework in Europe is laid out by several experts in the field of patent law and the situation in the US is also briefly described. This edition also includes a general discussion of three important theories called upon to justify the patent system: the natural rights argument; the distributive justice argument; and the utilitarian argument. The chapter about the European Directive on the legal protection of biotechnological inventions has been updated. A selection of provisions from the August 1997 draft as well as the final text of the Directive, as adopted on 12 May, 1998, are discussed and commented upon. The patent provisions of the TRIP's Agreement (the Agreement on Trade Related aspects of Intellectual Property rights, concluded in 1994 as an Annex to the Agreement Establishing the World Trade Organization) are also discussed and criticized, paying particular attention to the implications for biotechnology patents. Finally, the question is asked whether the developing countries stand to gain anything from TRIPs. A look at the results of empirical research, conducted by commentators on the economics of patenting, reveals that the new patent regime may prove to entail significant costs for the developing countries. This second edition also contains material on the EU Directive on biotechnology patents adopted in May 1998, justificatory theories of the patent system and the TRIP's agreement on Trade Related aspects of Intellectual Property rights, concluded in the GATT (WTO) framework.
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Biotechnology, patents, and morality
Aldershot, Hants., England ; Brookfield, Vt. : Ashgate, c1997.This work documents an international and interdisciplinary workshop, held in January 1996, on the ethical aspects of the patenting of biotechnical inventions. The workshop was organized in the framework of a research project funded by DG XII of the Commission of the European Communities. The purpose of the workshop was to gather round the table the diverse parties involved in the debate about biotechnology patents, to see to what extent they could get closer to a consensus or a compromise. The work includes contributions from Greenpeace and animal welfare societies, genetic societies, moral philosophers, patent lawyers, and politicians from European countries and the US. The general public perception of biotechnology is discussed and how these perceptions relate to the ethical, social and cultural factors. The legal framework is laid out by several experts in the field of patent law, and the situation in the US is also described. Attention is focused on the European Commission's proposal for a "Directive on the legal protection of biotechnological inventions" since rejection of the previous text on ethical grounds in 1995.
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Biotechnology, patents and morality : a deliberative and participatory paradigm for reform
O'Sullivan, Maureen, 1967-Abingdon, Oxon ; New York, NY : Routledge, 2020.This book critiques the decision-making process in Article 53(a) of the European Patent Convention. To date, such decisions have been taken at high levels of expertise without much public involvement. The book eschews traditional solutions, such as those found within legislative, judicial and patent office realms and instead develops a radical blueprint for how these decisions can be put to the public. By examining wide-scale models of participatory democracy and deliberation, this book fills a significant gap in the literature. It will be invaluable for patent lawyers, academics, practitioners and intellectual property and patent officials.
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