Biotech Innovations and Fundamental Rights [electronic resource] /
Bin, Roberto.editor.
Lorenzon, Sara.editor.
Lucchi, Nicola.editor.
Biotechnology is a recognized research area that has increasingly advanced into new technologies and modern practices raising several legal, ethical and regulatory issues. The revolutionary speed of biotech innovations has had a significant impact on the protection of the rights of the individual. Fundamental rights provide a framework within which the justification of limitations and restrictions to biotechnology innovations and research results have to be assessed. The legal regulation of scientific research and scientific investigations impact more and more directly on the freedom of research and therapies as well as on the broad diffusion of knowledge. Closely related is also the debated question of the technological manipulation of life and the boundary of scientific knowledge with regard to the topical question of genetic invention patents and their side effects on access to scientific information and health care opportunities. Drawing on expertise from different disciplines, the volume comprises invited papers and plenary presentations given at the conference entitled “Biotech Innovations & Fundamental Rights” that took place on Januray 20-21 2011 at the Department of Juridical Sciences of the University of Ferrara. Each contribution covers a different aspect of the legal and scientific issues involved in regulation of biotechnology. In particular the focus of attention has been given to genetic research, genetic data, freedom of scientific research in genetics and biotech patents.
Description based upon print version of record.
Title Page; Copyright Page; Preface; Table of Contents; Part I Biotech Patents; Introduction; The Case against the Privatizationof Knowledge: Some Thoughts on the Myriad Genetics Controversy; 1 Knowledge as a "Fictitious Commodity"; 2 Intellectual Property: Techniques and Ideologies; 3 Commodification and Its Discontents: the "Double Movement" Paradigm; 4 Is the Human Genome Patentable? The Myriad Genetics Controversy; 5 Nature, Artifice and the Legal Construction of Reality: the Decision Association of Molecular Pathology v. USPTO
6 Market Rationality and the Protection of Non-proprietary Interests: the Role of LawPatentability Requirements of Biotech Inventions at the European Patent Office: Ethical Issues; 1 European Patent Office and Patentability Requirements of Biotech Innovations; 2 Conclusions; The Right to Access the Benefits of Science and Intellectual Property Rights; 1 Introduction; 2 Declarations, Covenants and Socio-Economic & Cultural Rights; 2.1 The Drafting History of Article 27; 2.2 Constitutional Sources; 2.3 Evolution of the Original Draft; 2.4 The Final Text
2.5 The Rationale for Majority and Minority Votes3 Political and Legal Cultures, Human Rights and IP Rights; 3.1 Positive rights v. Natural Rights; 3.2 Intellectual Property Rights as Positive Legal Rights; 4 Conclusions; "Ownership and Provenance" of Genetic Material in the Rules on Biotechnological Patents; Biotechnology Patents Norms: Emerging Difficulties; From the Patentability of Living Matter to the Ethics of Biotechnological Innovation: the Person-Body Relationship; 1 Introduction; 2 Thinking about the Body: an Approach to an Ethic of Biotechnological Innovation
3 Reviving the Person-Body Relationship4 Whose Body? A Moral Rethinking of the Concepts by Which to Frame the Body's Belonging to Somebody; Issues and Rights in DNA-based Inventions; 1 Introduction; 2 DNA-based Inventions and Property Rights; 3 Expressed sequence Tags and Access to Kwonledge; 4 Property Rights and Human Genes; 5 Conclusions; Part II Freedom of Scientific Research in Genetics; Bioethics and Freedom of Scientific Research in Gene Therapy and Stem Cell Biology; 1 Introduction; 2 Clinical Trials Based on Stem Cell Research
3 Ethical Impacts of Stem Cell Research: Cord Blood, Adult Stem Cells and Multipotent Stem Cells from Foetuses4 Stem Cells from the Human Embryo: Technical and Ethical Issues; 5 Stem Cells from a Cloned Human Embryo; 6 Limitation of the Freedom of Scientific Research on Embryonic Stem Cells: an Example; 7 From Bush to Obama: a New Era from Embryonic Stem Cell Research?; 8 Patents on Embryonic Stem Cells: a Second Example of Limitation of Freedom to Research?; 9 A Novel Frontier: the iPS Cells; 10 Expected Benefits to Patients of iPS Cells; 11 Impact of iPS Cells in the Field of Bioethics
12 Patents and iPS
Includes bibliographical references.
Biotechnology is a recognized research area that has increasingly advanced into new technologies and modern practices raising several legal, ethical and regulatory issues. The revolutionary speed of biotech innovations has had a significant impact on the protection of the rights of the individual. Fundamental rights provide a framework within which the justification of limitations and restrictions to biotechnology innovations and research results have to be assessed. The legal regulation of scientific research and scientific investigations impact more and more directly on the freedom of research and therapies as well as on the broad diffusion of knowledge. Closely related is also the debated question of the technological manipulation of life and the boundary of scientific knowledge with regard to the topical question of genetic invention patents and their side effects on access to scientific information and health care opportunities. Drawing on expertise from different disciplines, the volume comprises invited papers and plenary presentations given at the conference entitled “Biotech Innovations & Fundamental Rights” that took place on Januray 20-21 2011 at the Department of Juridical Sciences of the University of Ferrara. Each contribution covers a different aspect of the legal and scientific issues involved in regulation of biotechnology. In particular the focus of attention has been given to genetic research, genetic data, freedom of scientific research in genetics and biotech patents.
Constitutional law.
Human genetics.
Biochemistry.
Constitutional Law.
Human Genetics.
Biochemistry, general.