Perspectives on Properties of the Human Genome Project

Perspectives on Properties of the Human Genome Project

by F. Scott Kieff
     
 

ISBN-10: 0120176505

ISBN-13: 9780120176502

Pub. Date: 12/31/2003

Publisher: Elsevier Science

The groundbreaking work of modern genetics that culminated in the Human Genome Project has blazed new pathways in both science and law. As the assertion of property rights generally, and patents in particular, has become increasingly common surrounding the new products and processes of modern biotechnology, the transactions that must occur for downstream research

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Overview

The groundbreaking work of modern genetics that culminated in the Human Genome Project has blazed new pathways in both science and law. As the assertion of property rights generally, and patents in particular, has become increasingly common surrounding the new products and processes of modern biotechnology, the transactions that must occur for downstream research and development to occur have shifted in important ways, in both academic and business settings. Perspectives on Properties of the Human Genome Project addresses the problems raised in this complex area under different regimes of laws and norms to offer hope and help as we wrestle to ensure optimal use of such essential innovations. This unique collection of authors, views, and topics is essential reading for academics, policy-makers, and practitioners in medicine, biology, sociology, management, ethics, law, and economics, and anyone else interested in gaining perspective on the broad interface between biotechnology and property.

• Represents diverse views interwoven into a coherent dialogue
• Includes contributions from the leading thinkers in the field
• Explores the legal ramifications, in terms of property rights and patents, of the scientific developments arising from the work on the Human Genome Project

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Product Details

ISBN-13:
9780120176502
Publisher:
Elsevier Science
Publication date:
12/31/2003
Series:
Advances in Genetics Series
Edition description:
New Edition
Pages:
538
Product dimensions:
1.38(w) x 6.00(h) x 9.00(d)

Table of Contents

Contributors
Acknowledgment
Introduction
1Patenting Life Forms: Yesterday, Today, and Tomorrow3
2The Evolution of Gene Patents Viewed from the United States Patent Office13
3Competition Policy in Patent Cases and Antitrust23
4Product Patents on Human DNA Sequences: An Obstacle for Implementing the EU Biotech Directive?65
5Patenting Genetic Products and Processes: A TRIPS Perspective79
6Enclosing the Genome: What Squabbles over Genetic Patents Could Teach Us97
7Perusing Property Rights in DNA125
8Steady the Course: Property Rights in Genetic Material153
9Varying the Course in Patenting Genetic Material: A Counter-Proposal to Richard Epstein's Steady Course195
10Reaching through the Genome209
11The Human Genome Project in Retrospect231
12Goat-Boy Roams the Halls?263
13Comment on the Tragedy of the Anticommons in Biomedical Research271
14An Outsider Perspective on Intellectual Property Discourse275
15Saving the Patent Law from Itself: Informal Remarks Concerning the Systemic Problems Afflicting Developed Intellectual Property Regimes289
16Biotechnology's Uncertainty Principle305
17Commentary on the Panel Presentations355
18Commenting on Biotechnology's Uncertainty Principle361
19(Mostly) against Exceptionalism367
20O Brave New Industry, That Has Such Patents in It! Reflections on the Economic Consequences of Patenting DNA385
21Pharmacogenomics, Genetic Tests, and Patent-Based Incentives399
22The Effect of Intellectual Property on the Biotechnology Industry427
23Are Real Business People So Easily Thwarted?441
24One Size Fits All?449
25Some Empirical Evidence on How Technologically Complex Issues Are Decided in Patent Cases in U.S. District Courts459
26How Ordinary Judges and Juries Decide the Seemingly Complex Technological Questions of Patentability over the Prior Art471
27The Difficult Interface: Relations between the Sciences and the Law483
Conclusion507
Index511

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