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This book provides an overview of developments in personalized medicine patenting and explores its normative implications to suggest policies to best regulate it.
This book provides an overview of developments in personalized medicine patenting and explores its normative implications to suggest policies to best regulate it.
This book aims to create an interface between intellectual property and diversity - including cultural, biological, religious, racial, and gender-based diversity. While acknowledging that the historical rationale for intellectual property protection is based on theories of utilitarian incentives and property rights, the authors of this volume assert that the current intellectual property framework is not incompatible with including diversity as part of its objectives. Through its various themes, this book delves into the debate of whether such inclusion can be made possible and how intellectual property norms could be effectively used to protect and promote diversity. In this volume, leading scholars address ongoing regional, national, and international debates within the contexts of diversity, the existing legal framework, and the broader political and economic climate. The authors tackle such wide-ranging topics as the prohibition against trademarking slurs and concepts of intellectual property in ancient Indian texts.
The volume is devoted to the relevant problems in the legal sphere, created and generated by recent advances in science and technology. In particular, it investigates a series of cutting-edge contemporary and controversial case-studies where scientific and technological issues intersect with individual legal rights. The book addresses challenging topics at the intersection of communication technologies and biotech innovations such as freedom of expression, right to health, knowledge production, Internet content regulation, accessibility and freedom of scientific research.
This book provides an in-depth ethical analysis of the right to health care by contrasting privatized with socialized approaches. It pays special attention to how a socialized approach can be implemented in the context of limited resources and offers a way of integrating allocation decisions at the policy level with institutional and hands-on decision-making. It also discusses how the right to health care translates into duties on part of the members of society. In an Appendix, it suggests how, in time of need, the TRIPS Agreement allows countries to side-step patent regulations that would otherwise raise the cost of patented healthcare products beyond what a particular society is able to afford. The book is of interest not only to scholars but also to healthcare policy makers, administrators and healthcare professionals, as well as to patients themselves.
In the Information Age, historically marginalized groups and developing nations continue to strive for socio-economic empowerment within the global community. Their ultimate success largely depends upon their ability to develop, protect, and exploit th
This book is a history of medicines and the commercial actors that make and sell them, covering the 140 years since the modern pharmaceutical industry came into being. It is written in a lively and accessible way, aiming at a general audience that combines historical narrative with fascinating case studies on drug discovery and commercialization, from the rat poison that became warfarin, to a cardiovascular treatment that was turned into Viagra. In a non-partisan way it also examines some of the less noble manifestations of corporate behavior, concluding with an agenda for reform.It is hard to think of anything nobler than to bring to the world a medicine that saves lives. And over 140 years of history, the pharmaceutical industry has produced a range of remarkable products, albeit typically with external scientific and financial support. Making medicines is a very big and profit-driven business, and the industry does not always make the right products for the right people, or at the right prices.The industry wields immense power over lives and economies. How has it risen to this position of dominance? Are the interests of the industry and the public in balance? What should we admire about the industry? What should we criticise and seek to change? The importance of this book lies in the fact that we are all stakeholders in this industry whether or not we own shares, so we all need answers to these questions.Related Link(s)
Protection for intellectual property has never been absolute; it has always been limited in the public interest. The benefits of intellectual property protection are meant to flow to everyone, not just a limited population of creators and the corporations that represent them. Given this social-utility function, intellectual property regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation. Top scholars in the field offer surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas. Chapters define Intellectual Property Social Justice theory and include recommendations for reforming aspects of IP law and administration to further social justice by providing better access, more inclusion, and greater empowerment to marginalized groups.
From the Americas to the European Union, Asia-Pacific and Africa, countries around the world are facing increased pressure to clarify the application of intellectual property exhaustion. This wide-ranging Research Handbook explores the questions that pose themselves as a result. Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the “Internet of things” redefined the concept of exhaustion in cyberspace? The Handbook offers insights to the challenges surrounding these questions and highlights how one answer does not fit all.
Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.