Biotech Innovations and Fundamental Rights

Author: Roberto Bin
Publisher: Springer Science & Business Media
ISBN: 8847020328
Format: PDF, Mobi
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Biotechnology is a recognized research area that has increasingly advanced into new technologies and modern practices raising several legal, ethical and regulatory issues. The revolutionary speed of biotech innovations has had a significant impact on the protection of the rights of the individual. Fundamental rights provide a framework within which the justification of limitations and restrictions to biotechnology innovations and research results have to be assessed. The legal regulation of scientific research and scientific investigations impact more and more directly on the freedom of research and therapies as well as on the broad diffusion of knowledge. Closely related is also the debated question of the technological manipulation of life and the boundary of scientific knowledge with regard to the topical question of genetic invention patents and their side effects on access to scientific information and health care opportunities. Drawing on expertise from different disciplines, the volume comprises invited papers and plenary presentations given at the conference entitled “Biotech Innovations & Fundamental Rights” that took place on Januray 20-21 2011 at the Department of Juridical Sciences of the University of Ferrara. Each contribution covers a different aspect of the legal and scientific issues involved in regulation of biotechnology. In particular the focus of attention has been given to genetic research, genetic data, freedom of scientific research in genetics and biotech patents.

The Impact of Science and Technology on the Rights of the Individual

Author: Nicola Lucchi
Publisher: Springer
ISBN: 3319304399
Format: PDF, ePub, Mobi
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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.

Patenting Genes

Author: Marta Díaz Pozo
Publisher: Edward Elgar Publishing
ISBN: 1786433958
Format: PDF, ePub
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This book constitutes a fascinating and in-depth analysis of the significance of the requirement of industrial application within gene patenting and how this influences innovation in Europe and the US. The author addresses an area normally overlooked in biotechnology patenting due to the predominance of the ethical debate, and in doing so produces a unique approach to dealing with concerns in this field.

Lexikon der Mensch Tier Beziehungen

Author: Arianna Ferrari
Publisher: transcript Verlag
ISBN: 3839422329
Format: PDF
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Unsere Beziehung zu den »anderen« Tieren gewinnt nicht bloß mehr und mehr an gesellschaftlicher Bedeutung, sie ist auch für die Wissenschaften wieder zum Thema geworden. Mit diesem Band widmet sich zum ersten Mal ein Lexikon umfassend den Mensch-Tier-Beziehungen. Im Gegensatz zu traditionellen Einführungen in die Tierethik beschränkt sich das groß angelegte Werk aber nicht auf moralphilosophische Themen, sondern beleuchtet die Mensch-Tier-Beziehungen u.a. auch aus historischer, soziologischer, ethologischer und kulturwissenschaftlicher Perspektive.

Patentschutz f r menschliche Stammzellen

Author: Andreas Ruster
Publisher: Mohr Siebeck
ISBN: 9783161543043
Format: PDF, Docs
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Andreas Ruster discusses and compares the patentability of human stem cells in Europe and the United States, taking into account the legal implications of both ethical and economic aspects. The analysis culminates in a proposal to integrate patent law, ethics and economics.

Constitutionalization of European Private Law

Author: Hans Micklitz
Publisher: OUP Oxford
ISBN: 0191020087
Format: PDF, Kindle
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In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.

Identity Diversity and Constitutionalism in Africa

Author: Francis Mading Deng
Publisher: US Institute of Peace Press
ISBN: 1601270348
Format: PDF, Kindle
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In this innovative and stimulating volume, Francis Deng outlines a new relationship between governments and societies--a relationship informed by Western concepts but based on traditional African values such as respect for human dignity, equality, and self-rule.

Biotechnology and Intellectual Property Rights

Author: Kshitij Kumar Singh
Publisher: Springer
ISBN: 8132220595
Format: PDF, Kindle
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This book offers a valuable contribution to contemporary legal literature, providing deep insights into the interface between law and genetics, highlighting emerging issues and providing meaningful solutions to current problems. It will be of interest to a broad readership, including academics, lawyers, policy makers and scholars engaged in interdisciplinary research. In the context of examining and analyzing the legal and social implications arising from the recent conjunction of biotechnology and intellectual property rights, the book particularly focuses on human genes and gene variations. Emphasis is placed on “patent law,” as a considerable percentage of genetic inventions are covered by patents. The book presents a comparative and critical examination of patent laws and practices related to biotechnology patents in the United States, Canada, European Union and India, in order to gather the common issues and the differences between them. The international patent approach regarding biotechnology is also analyzed in light of the constant conflict between differentiation and harmonization of patent laws. The book highlights the potential gaps and uncertainties as to the scope of numerous terms such as invention, microorganisms, microbiological processes, and essential biological processes under TRIPS. Also analyzed are the social and policy implications of patents relating to genetic research tools and genetic testing. The intricacies involved in providing effective intellectual property protection to bioinformatics and genomic databases are also examined. Bearing in mind the collaborative nature of bioinformatics and genomic databases, the book evaluates the pros and cons of open biotechnology and assesses the implications of extending intellectual property rights to human genetic resources, before explaining the ownership puzzle concerning human genetic material used in genetic research.

Methods for Risk Assessment of Transgenic Plants

Author: Klaus Ammann
Publisher: Springer
ISBN: 3034880332
Format: PDF
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For centuries, TK has been used almost exclusively by its creators, that is, indigenous and local communities. Access to, use of and handing down of TK has been regulated by local laws, customs and tmditions. Some TK has been freely accessible by all members of an indigenous or local community and has been freely exchanged with other communities; other TK has only been known to particular individuals within these communities such as shamans, and has been handed down only to particular individuals of thc next generation. Over many generations, indigenous and local communities have accumulated a great deal of TK which has generally been adapted, developed and improved by the generations that followed. For a long time, Western anthropologists and other scientists have generally been able to freely access TK and have documented it in their works. Still, this TK was only seldom used outside the indigenous and local communities that created it. More recently, however, Western scientists have become aware that TK is neither outdated nor valueless knowledge, but, instead, 1 can be useful to solve some of the problems facing today's world. Modem science, for example, has shown an increased interest in some fornls ofTK as knowledge that can be used in 4 research and development (R&D) activities and be integrated in modem innovations. This holds especially true for TK regarding genetic resources, which has been integrated in modem 6 phannaceuticals,s agro-chemicals and seed.