Intellectual Property and Biotechnology
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Intellectual Property and Biotechnology

Biological Inventions

9780857933706 Edward Elgar Publishing
Matthew Rimmer, Professor of Intellectual Property and Innovation Law, Faculty of Business and Law, Queensland University of Technology (QUT), Australia
Publication Date: April 2011 ISBN: 978 0 85793 370 6 Extent: 392 pp
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.

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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.
Critical Acclaim
‘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, the High Court of Australia

‘. . . 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 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, Journal of Commercial Biotechnology

‘. . . 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, European Intellectual Property Review

‘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, Chartered Institute of Patent Attorneys

‘. . . an excellent introduction to a wide range of legal thinking in an increasingly controversial and relevant area to humankind.’
– Sharon Givoni, Australian Intellectual Property Law Bulletin

‘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, Australian Life Scientist
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
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