This collection considers a wide range of biological inventionsmicro-organisms, plants and flowers, transgenic animals, genes, express sequence tags and research tools, as well as genetic diagnostic tests and pharmaceutical drugs. It compares and contrasts the approaches of different jurisdictions. American and Canadian developments are considered. There is a particular focus on the complexities of the 1998 European Union Directive on the Legal Protection of Biotechnological Inventions, together with decisions of member states, such as The Netherlands, and peripheral states, like Iceland. The book also focuses on recent developments in Australia, especially in the wake of parallel policy inquiries into gene patents and access to genetic resources.
Patent Law and Biological Inventions is a special issue (Volume 24 No 1) of the journal Law in Context.
Table of Contents
CHAPTER 1: After the Gold Rush: Patent Law and Biological Inventions - Matthew Rimmer
CHAPTER 2: European Bio-Protection Laws: Rebels with a Cause - Margaret Llewelyn
CHAPTER 3: Essential Derivation, Law and the Limits of Science - Jay Sanderson
CHAPTER 4: Rules v. Standards for Patent Law in the Plant Sciences - Mark D. Janis
CHAPTER 5: Wind of Change: In re Fisher and the Evolution of the American Biotechnology Patent Law - Yann Joly
CHAPTER 6: Cooperative Strategies for Facilitating Use of Patented Inventions in Biotechnology - Dianne Nicol & Janet Hope
CHAPTER 7: Something is Rotten in the State of Iceland: deCODE Genetics, Population Research and Informed Consent - Jennifer French
CHAPTER 8: Regulating Access to Biological Resources: The Market Failure for Biodiversity Conservation - Charles Lawson