49 research outputs found

    The EPO as patent law‐maker in Europe

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    Stem Cell Research Funding Policies and Dynamic Innovation: A Survey of Open Access and Commercialization Requirements

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    # The Author(s) 2014. This article is published with open access at Springerlink.com Abstract This article compares and contrasts the pressures of both open access data sharing and commercialization policies in the context of publicly funded embryonic stem cell research (SCR). First, normative guidelines of international SCR orga-nizations were examined. We then examined SCR funding guidelines and the project evaluation criteria of major funding organizations in the EU, the United Kingdom (UK), Spain, Canada and the United States. Our survey of policies revealed subtle pressures to commercialize research that include: in-creased funding availability for commercialization opportuni-ties, assistance for obtaining intellectual property rights (IPRs) and legislation mandating commercialization. In lieu of open access models, funders are increasingly opting for limited sharing models or “protected commons ” models that make the research available to researchers within the same region or those receiving the same funding. Meanwhile, there still is need for funding agencies to clarify and standardize terms such as “non-profit organizations ” and “for-profit research,” as more universities are pursuing for-profit or commercial opportunities. Keywords Stemcell research(SCR).Humanembryonicstem cells (hESC). Induced pluripotent stem cells (iPSC). Open access. Data sharing. Commercialization Abbreviations hESC human embryonic stem cells iPSC induced pluripotent stem cells IPRs intellectual property rights MTA material transfer agreement SCR stem cell research SLA simple letter agreement TTO technology transfer offic

    No father required? The welfare assessment in the Human Fertilisation and Embryology Act 2008

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    Of all the changes to the Human Fertilisation and Embryology Act 1990 that were introduced in 2008 by legislation of the same name, foremost to excite media attention and popular controversy was the amendment of the so-called welfare clause. This clause forms part of the licensing conditions which must be met by any clinic before offering those treatment services covered by the legislation. The 2008 Act deleted the statutory requirement that clinicians consider the need for a father of any potential child before offering a woman treatment, substituting for it a requirement that clinicians must henceforth consider the child’s need for “supportive parenting”. In this paper, we first briefly recall the history of the introduction of s 13(5) in the 1990 Act, before going on to track discussion of its amendment through the lengthy reform process that preceded the introduction of the 2008 Act. We then discuss the meaning of the phrase “supportive parenting” with reference to guidance regarding its interpretation offered by the Human Fertilisation and Embryology Authority. While the changes to s 13(5) have been represented as suggesting a major change in the law, we suggest that the reworded section does not represent a significant break from the previous law as it had been interpreted in practice. This raises the question of why it was that an amendment that is likely to make very little difference to clinical practice tended to excite such attention (and with such polarising force). To this end, we locate debates regarding s 13(5) within a broader context of popular anxieties regarding the use of reproductive technologies and, specifically, what they mean for the position of men within the family

    The Unified Patent Court: Past, Present and Future

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    Dworkin's Life Dominion

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    A Market Friendly Paradigm for IP Rights and Human Rights in Europe

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