Perspectives on Properties of the Human Genome Project

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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.

"This is a gem of a book... [by] a veritable ‘who’s who’ of important contributors to this field…. An interested reader could not ask for a better overview and compendium of serious, thoughtful analysis of this important topic."
– Professor Robert P. Merges, University of California at Berkeley School of Law

"Kieff’s timely and masterful book establishes a modern truth: to translate a scientific discovery into tangible patient benefits requires an intellectual property lawyer. [It] should be read not only by legal scholars but also scientists and the general public."
– Dr. Mark Siegler, University of Chicago Pritzker School of Medicine

Audience: Academics in biology, ethics, and sociology, as well as biotechnology and pharmaceutical companies.

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Editorial Reviews

From the Publisher
"This is a gem of a book... [by] a veritable ‘who’s who’ of important contributors to this field…. An interested reader could not ask for a better overview and compendium of serious, thoughtful analysis of this important topic."
– Professor Robert P. Merges, University of California at Berkeley School of Law

"Kieff’s timely and masterful book establishes a modern truth: to translate a scientific discovery into tangible patient benefits requires an intellectual property lawyer. [It] should be read not only by legal scholars but also scientists and the general public."
– Dr. Mark Siegler, University of Chicago Pritzker School of Medicine

Read More Show Less

Product Details

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

Read an Excerpt

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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Table of Contents

Contributors
Acknowledgment
Introduction
1 Patenting Life Forms: Yesterday, Today, and Tomorrow 3
2 The Evolution of Gene Patents Viewed from the United States Patent Office 13
3 Competition Policy in Patent Cases and Antitrust 23
4 Product Patents on Human DNA Sequences: An Obstacle for Implementing the EU Biotech Directive? 65
5 Patenting Genetic Products and Processes: A TRIPS Perspective 79
6 Enclosing the Genome: What Squabbles over Genetic Patents Could Teach Us 97
7 Perusing Property Rights in DNA 125
8 Steady the Course: Property Rights in Genetic Material 153
9 Varying the Course in Patenting Genetic Material: A Counter-Proposal to Richard Epstein's Steady Course 195
10 Reaching through the Genome 209
11 The Human Genome Project in Retrospect 231
12 Goat-Boy Roams the Halls? 263
13 Comment on the Tragedy of the Anticommons in Biomedical Research 271
14 An Outsider Perspective on Intellectual Property Discourse 275
15 Saving the Patent Law from Itself: Informal Remarks Concerning the Systemic Problems Afflicting Developed Intellectual Property Regimes 289
16 Biotechnology's Uncertainty Principle 305
17 Commentary on the Panel Presentations 355
18 Commenting on Biotechnology's Uncertainty Principle 361
19 (Mostly) against Exceptionalism 367
20 O Brave New Industry, That Has Such Patents in It! Reflections on the Economic Consequences of Patenting DNA 385
21 Pharmacogenomics, Genetic Tests, and Patent-Based Incentives 399
22 The Effect of Intellectual Property on the Biotechnology Industry 427
23 Are Real Business People So Easily Thwarted? 441
24 One Size Fits All? 449
25 Some Empirical Evidence on How Technologically Complex Issues Are Decided in Patent Cases in U.S. District Courts 459
26 How Ordinary Judges and Juries Decide the Seemingly Complex Technological Questions of Patentability over the Prior Art 471
27 The Difficult Interface: Relations between the Sciences and the Law 483
Conclusion 507
Index 511
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