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Radoslav M. Milkov, Patentability and Scope of Protection for DNA Sequence, 4 (2013) JIPITEC 36 para 1.
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%0 Journal Article %T Patentability and Scope of Protection for DNA Sequence %A Milkov, Radoslav M. %J JIPITEC %D 2013 %V 4 %N 1 %@ 2190-3387 %F milkov2013 %X Since the mapping of the human genome and the technical innovations in the field of biotechnology, patent law has gone through great controversies. Protection is required for an investor to make an investment but how broad should the given protection be? Whether the invention is a mi- cro-organism capable of dissolving crude oil, or the gene of a soya plant, the genetic engineering required for their production entails vast amounts of capi- tal. The policy in that respect is tailored by legislative acts and judicial decisions, ensuring a fair balance be- tween the interests of patent right holders and third parties. However, the policy differs from jurisdiction to jurisdiction, thus creating inconsistencies with re- gards to the given protection to the same invention, and as a result this could deter innovation and pro- mote stagnation.The most active actors shaping the patent policy on an international level are the patent offices of the United States of America, Japan and the European Patent Organization. These three patent offices have set up a cooperation programme in order to promote and improve efficiency with regards to their patent policies on a global scale. However, recent judicial de- velopments have shown that the policy in respect to the field of biotechnology differs between the patent regimes of the United States of America and the two- layer system of the European Patent Organisation/ the European Union. %L 340 %K DNA %K European Patent Regime %K Patentability Requirements %K Patents %K Scope of Protection %K US Patent Regime %U http://nbn-resolving.de/urn:nbn:de:0009-29-36255 %P 36-52Download
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@Article{milkov2013, author = "Milkov, Radoslav M.", title = "Patentability and Scope of Protection for DNA Sequence", journal = "JIPITEC", year = "2013", volume = "4", number = "1", pages = "36--52", keywords = "DNA; European Patent Regime; Patentability Requirements; Patents; Scope of Protection; US Patent Regime", abstract = "Since the mapping of the human genome and the technical innovations in the field of biotechnology, patent law has gone through great controversies. Protection is required for an investor to make an investment but how broad should the given protection be? Whether the invention is a mi- cro-organism capable of dissolving crude oil, or the gene of a soya plant, the genetic engineering required for their production entails vast amounts of capi- tal. The policy in that respect is tailored by legislative acts and judicial decisions, ensuring a fair balance be- tween the interests of patent right holders and third parties. However, the policy differs from jurisdiction to jurisdiction, thus creating inconsistencies with re- gards to the given protection to the same invention, and as a result this could deter innovation and pro- mote stagnation.The most active actors shaping the patent policy on an international level are the patent offices of the United States of America, Japan and the European Patent Organization. These three patent offices have set up a cooperation programme in order to promote and improve efficiency with regards to their patent policies on a global scale. However, recent judicial de- velopments have shown that the policy in respect to the field of biotechnology differs between the patent regimes of the United States of America and the two- layer system of the European Patent Organisation/ the European Union.", issn = "2190-3387", url = "http://nbn-resolving.de/urn:nbn:de:0009-29-36255" }Download
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TY - JOUR AU - Milkov, Radoslav M. PY - 2013 DA - 2013// TI - Patentability and Scope of Protection for DNA Sequence JO - JIPITEC SP - 36 EP - 52 VL - 4 IS - 1 KW - DNA KW - European Patent Regime KW - Patentability Requirements KW - Patents KW - Scope of Protection KW - US Patent Regime AB - Since the mapping of the human genome and the technical innovations in the field of biotechnology, patent law has gone through great controversies. Protection is required for an investor to make an investment but how broad should the given protection be? Whether the invention is a mi- cro-organism capable of dissolving crude oil, or the gene of a soya plant, the genetic engineering required for their production entails vast amounts of capi- tal. The policy in that respect is tailored by legislative acts and judicial decisions, ensuring a fair balance be- tween the interests of patent right holders and third parties. However, the policy differs from jurisdiction to jurisdiction, thus creating inconsistencies with re- gards to the given protection to the same invention, and as a result this could deter innovation and pro- mote stagnation.The most active actors shaping the patent policy on an international level are the patent offices of the United States of America, Japan and the European Patent Organization. These three patent offices have set up a cooperation programme in order to promote and improve efficiency with regards to their patent policies on a global scale. However, recent judicial de- velopments have shown that the policy in respect to the field of biotechnology differs between the patent regimes of the United States of America and the two- layer system of the European Patent Organisation/ the European Union. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-36255 ID - milkov2013 ER -Download
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ISI
PT Journal AU Milkov, R TI Patentability and Scope of Protection for DNA Sequence SO JIPITEC PY 2013 BP 36 EP 52 VL 4 IS 1 DE DNA; European Patent Regime; Patentability Requirements; Patents; Scope of Protection; US Patent Regime AB Since the mapping of the human genome and the technical innovations in the field of biotechnology, patent law has gone through great controversies. Protection is required for an investor to make an investment but how broad should the given protection be? Whether the invention is a mi- cro-organism capable of dissolving crude oil, or the gene of a soya plant, the genetic engineering required for their production entails vast amounts of capi- tal. The policy in that respect is tailored by legislative acts and judicial decisions, ensuring a fair balance be- tween the interests of patent right holders and third parties. However, the policy differs from jurisdiction to jurisdiction, thus creating inconsistencies with re- gards to the given protection to the same invention, and as a result this could deter innovation and pro- mote stagnation.The most active actors shaping the patent policy on an international level are the patent offices of the United States of America, Japan and the European Patent Organization. These three patent offices have set up a cooperation programme in order to promote and improve efficiency with regards to their patent policies on a global scale. However, recent judicial de- velopments have shown that the policy in respect to the field of biotechnology differs between the patent regimes of the United States of America and the two- layer system of the European Patent Organisation/ the European Union. ERDownload
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Full Metadata
Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 4 (2013) 1 | |
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Title |
Patentability and Scope of Protection for DNA Sequence (eng) |
|
Author | Radoslav M. Milkov | |
Language | eng | |
Abstract | Since the mapping of the human genome and the technical innovations in the field of biotechnology, patent law has gone through great controversies. Protection is required for an investor to make an investment but how broad should the given protection be? Whether the invention is a mi- cro-organism capable of dissolving crude oil, or the gene of a soya plant, the genetic engineering required for their production entails vast amounts of capi- tal. The policy in that respect is tailored by legislative acts and judicial decisions, ensuring a fair balance be- tween the interests of patent right holders and third parties. However, the policy differs from jurisdiction to jurisdiction, thus creating inconsistencies with re- gards to the given protection to the same invention, and as a result this could deter innovation and pro- mote stagnation. The most active actors shaping the patent policy on an international level are the patent offices of the United States of America, Japan and the European Patent Organization. These three patent offices have set up a cooperation programme in order to promote and improve efficiency with regards to their patent policies on a global scale. However, recent judicial de- velopments have shown that the policy in respect to the field of biotechnology differs between the patent regimes of the United States of America and the two- layer system of the European Patent Organisation/ the European Union. | |
Subject | DNA, European Patent Regime, Patentability Requirements, Patents, Scope of Protection, US Patent Regime | |
DDC | 340 | |
Rights | DPPL | |
URN: | urn:nbn:de:0009-29-36255 |