Intellectual Property and Biotechnology: Biological Inventions

by Matthew Rimmer

Overview

This book documents and evaluates the dramatic expansion of intellectual property law to accommodate various forms of biotechnology from micro-organisms, plants, and animals to human genes and stem cells. It makes a unique theoretical contribution to the controversial public debate over the commercialization of biological inventions.

The author also considers the contradictions between the Supreme Court of Canada rulings in respect of the Harvard oncomouse, and genetically modified canola. He explores law, policy, and practice in both Australia and New Zealand in respect to gene patents and non-coding DNA. This study charts the rebellion against the European Union Biotechnology Directive - particularly in respect of Myriad Genetics' BRCA1 and BRCA2 patents, and stem cell patent applications. The book also considers whether patent law will accommodate frontier technologies - such as bioinformatics, haplotype mapping, proteomics, pharmacogenomics, and nanotechnology.

Intellectual Property and Biotechnology will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists.

Product Details

ISBN-13:	9780857933706
Publisher:	Edward Elgar Publishing
Publication date:	04/28/2011
Pages:	392
Product dimensions:	6.10(w) x 9.10(h) x 1.00(d)

About the Author

Matthew Rimmer, Professor of Intellectual Property and Innovation Law, Faculty of Business and Law, Queensland University of Technology (QUT), Australia

Table of Contents

Contents: Foreword Preface Introduction 1. Anything Under the Sun: Patent Law and Micro-Organisms 2. Franklin Barley: Patent Law and Plant Breeders’ Rights 3. The Human Chimera Patent Initiative: Patent Law and Animals 4. The Storehouse of Knowledge: Patent Law, Scientific Discoveries and Products of Nature 5. The Book of Life: Patent Law and the Human Genome Project 6. The Dilettante’s Defence: Patent Law, Research Tools and Experimental Use 7. The Utah Saints: Patent Law and Genetic Testing 8. The Alchemy of Junk: Patent Law and Non-Coding DNA 9. Still Life with Stem Cells: Patent Law and Human Embryos Conclusion: Blue Sky Research: Patent Law and Frontier Technologies Bibliography Index

Editorial Reviews

'Rimmer's book is highly recommended for anyone interested in the issues and debate related to biological inventions, regardless of which side the reader is on.'

Stefan M. Miller

'. . . this book gives an excellent account of the most celebrated biotechnology cases from three continents, and for this alone is to be thoroughly recommended.'

David Rogers

'. . . the author has done an excellent job by explaining the subject in an open and accessible manner. This book is a timely and very thought-provoking analysis of patent law and biotechnology. . . The book is a unique theoretical contribution to the controversial public debate over commercialization of biological inventions. . . there is an extensive bibliography. . . a valuable resource for further reading. The book will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists.'

Journal of Intellectual Property Rights

‘Rimmer’s new book is a timely and very thought-provoking analysis of patent law and biotechnology and asks a very serious question: can a 19th century patent system adequately deal with a 21st century industry?’

Kate McDonald

'Dr Rimmer's book is a marvellous introduction to a crucial topic of our time. He writes engagingly, provocatively and always with good humour. A highly technical and complex area of law has been reduced to clear descriptions and searching analysis. Truly, this is an important book on an essential topic that will help define the ethics of a future that includes nothing less than the future of our species.'

From the foreword by the Hon Justice Michael Kirby AC CMG

‘Rimmer has put a great deal of thought and effort into this series of chapters. For those looking at how to reform, direct and develop laws in relation to biotechnology, this book is brimming with ideas, suggestions and recommendations of what to do next.’

Rebecca Halford-Harrison

‘. . . an excellent introduction to a wide range of legal thinking in an increasingly controversial and relevant area to humankind.’

Sharon Givoni