Animal Patents: The Legal, Economic and Social Issues - download pdf or read online

By William Lesser

ISBN-10: 0935859640

ISBN-13: 9780935859645

ISBN-10: 1349107697

ISBN-13: 9781349107698

ISBN-10: 1349107719

ISBN-13: 9781349107711

Following the U.S. Patent Office's assertion in 1987 that it considers animals "to be patentable material in the scope" of patent legislation, there was massive around the world debate in this topic. This paintings includes the complaints of the Animal Patents Symposium held at Cornell collage, united states, on December 5-6, 1988, prepared through the editor of this paintings.

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Extra resources for Animal Patents: The Legal, Economic and Social Issues

Example text

The Committee of Experts on Harmonization should be noted first because it aims at the conclusion of an international treaty. However, it has barely begun to consider the problems of particular technologies, and it is doubtful whether it could come to grips with the animal patent issue in the short term. Secondly, there is a Committee of Experts on Biotechnological Inventions which has had four meetings in as many years. No treaty will emerge from this project, but a series of "suggested solutions" of the special problems of patent law relating to biotechnology will be formulated.

For example, the tests of distinctiveness, uniformity, and stability, which are the keystones of the plant variety right system, may be inappropriate or more difficult to apply in the case of animals. Judgement on these particular issues must be left to experts in the biology of animal breeding. The absence of any existing system of animal protection relieves us of the problem of conflict with any corresponding establishment. It would therefore seem appropriate to consider whether the patent system could give all that is required in the way of protection.

It could be readily duplicated by others skilled in the art). Since the animal-breeding process claimed in the "Red Dove" case was not repeatable merely on the basis of a written description no patent was issued. Apart from the generally criticized repeatability requirement, this decision was well received. This was because it particularly broadened the concept of a patentable invention to encompass animal-breeding methods and animals per se. Unlike the 1980 Diamond v. Chakrabarty decision of the US 2 1 IIC 137(1970) 17 Legal Issues Supreme Court and the recent grant of the Leder transgenic mouse patent by the US Patent and Trademark Office (Raines, 1988), the "Red Dove" decision was not followed by discussions devoted to either the ethical and moral aspects of patenting animals or to the possible economic effects of such patenting.

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Animal Patents: The Legal, Economic and Social Issues by William Lesser


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