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- Aaron Fellmeth (2010). David , Koepsell. 2009. Who Owns You? The Corporate Gold Rush to Patent Your Genes. Journal of Bioethical Inquiry 7 (1).
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In July 2008, Pacific Rim Mining, a socially responsive Canadian gold mining Multinational Corporation (MNC) with $77 million invested in El Salvador, experienced a 30% decline in stock price when it suspended exploration drilling for gold there. In April 2009, the company filed a lawsuit against the government of El Salvador through Central American Free Trade Agreement to recover its investments plus damages. This corporate failure is explored based on: (1) four globalization economic development models, (2) the social, political, and economic history of El Salvador, (3) the El Salvador gold mining industry, and (4) social movement reactions to international mining companies. MNCs must carefully engage "Social Justice" Nongovernment Organizations when pursuing economic development projects to ensure a nation's successful integration into the global economy.
Paper reflects on certain parametes of the patent policies, the contridictions that exist within the frame work of the patent policy in UK and Europe. It also reflects on the abuse of patents and some technical problems that have to come to light in respect of the same.
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A patent agent is a person with recognised expertise in the field of intellectual property generally and patents specifically. In the UK patent agents form an elite professional community, membership of which is denoted by inclusion on the Register of Patent Agents. The Register exists under statute and is maintained by The Chartered Institute of Patent Attorneys (CIPA), a body empowered by royal charter of which most patent agents are also members.
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Generics (UK) Ltd v Lundbeck A/S [2009] UKHL 12 is about the validity of patents for chemical products. It is also about the object of patent protection, and the balance struck by the patent system between the interests of the public and individual inventors. Finally, it is about the development of UK patent law in the era of the Convention on the Grant of European Patents (1973) 13 I.L.M. 268 (European Patent Convention).
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Patents have been issued in the United States for genes and gene sequences since 1980. Patent protection has provided incentives to aggressively probe the genome of humans and non-humans alike in search of profitable applications. Yet it is not clear that patent protection should have been afforded to genes and gene sequences and it is increasingly clear that patent protection, as currently formulated, is not an appropriate means to realize the full benefits of genetic research. As we stand on the threshold on a genetically enhanced future, in which we shall have the power to consciously steer our evolution as a species, we need to carefully consider how to shape the benefits of genetic research and how to recognize and contain its detriments.
What accounts for the continued lack of clarity over the legal procedures for the patenting of DNA sequences? The patenting system was built for a "bricks-and-mortar" world rather than an information economy. The fact that genes are both material molecules and informational systems helps explain the difficulty that the patent system is going to continue to have.
In March 2010, a United States (U.S.) District Court held that isolated human genes are “products of nature”, and methods of analysis and comparison “abstract mental processes”, for which a U.S. patent cannot validly be granted. Its decision undermined U.S. patent granting practices, and widens the gap between U.S. and European law on what constitutes inherently patentable subject matter (“inventions”), as well as a proportionate patent grant.
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