biotech innovations and fundamental rights

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Biotech Innovations And Fundamental Rights

Author : Roberto Bin
ISBN : 9788847020320
Genre : Law
File Size : 41. 45 MB
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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.

Constitutionalization Of European Private Law

Author : Hans Micklitz
ISBN : 9780191020087
Genre : Law
File Size : 63. 3 MB
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In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.

The Impact Of Science And Technology On The Rights Of The Individual

Author : Nicola Lucchi
ISBN : 9783319304397
Genre : Law
File Size : 58. 35 MB
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The volume is devoted to the relevant problems in the legal sphere, created and generated by recent advances in science and technology. In particular, it investigates a series of cutting-edge contemporary and controversial case-studies where scientific and technological issues intersect with individual legal rights. The book addresses challenging topics at the intersection of communication technologies and biotech innovations such as freedom of expression, right to health, knowledge production, Internet content regulation, accessibility and freedom of scientific research.

Identity Diversity And Constitutionalism In Africa

Author : Francis Mading Deng
ISBN : 9781601270344
Genre : History
File Size : 60. 46 MB
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In this innovative and stimulating volume, Francis Deng outlines a new relationship between governments and societies--a relationship informed by Western concepts but based on traditional African values such as respect for human dignity, equality, and self-rule.

Biotechnology And Intellectual Property Rights

Author : Kshitij Kumar Singh
ISBN : 9788132220596
Genre : Law
File Size : 57. 88 MB
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This book offers a valuable contribution to contemporary legal literature, providing deep insights into the interface between law and genetics, highlighting emerging issues and providing meaningful solutions to current problems. It will be of interest to a broad readership, including academics, lawyers, policy makers and scholars engaged in interdisciplinary research. In the context of examining and analyzing the legal and social implications arising from the recent conjunction of biotechnology and intellectual property rights, the book particularly focuses on human genes and gene variations. Emphasis is placed on “patent law,” as a considerable percentage of genetic inventions are covered by patents. The book presents a comparative and critical examination of patent laws and practices related to biotechnology patents in the United States, Canada, European Union and India, in order to gather the common issues and the differences between them. The international patent approach regarding biotechnology is also analyzed in light of the constant conflict between differentiation and harmonization of patent laws. The book highlights the potential gaps and uncertainties as to the scope of numerous terms such as invention, microorganisms, microbiological processes, and essential biological processes under TRIPS. Also analyzed are the social and policy implications of patents relating to genetic research tools and genetic testing. The intricacies involved in providing effective intellectual property protection to bioinformatics and genomic databases are also examined. Bearing in mind the collaborative nature of bioinformatics and genomic databases, the book evaluates the pros and cons of open biotechnology and assesses the implications of extending intellectual property rights to human genetic resources, before explaining the ownership puzzle concerning human genetic material used in genetic research.

Publish Or Patent Knowledge Dissemination In Agricultural Biotechnology

Author : Bonwoo Koo
Genre : Social Science
File Size : 54. 29 MB
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Fundamental Rights In Europe

Author : Federico Fabbrini
ISBN : 9780198702047
Genre : Law
File Size : 65. 23 MB
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The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe. The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards - a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and a challenge of inconsistency when transnational law operates as a floor - and considers the most recenttransformations taking place in the European human rights regime. The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision - a "neo-federal" theory - which is able to frame the dilemmas of identity, equality and supremacy behind the European multilevel architecture for the protection of human rights.

Biotechnology Entrepreneurship

Author : Craig Shimasaki
ISBN : 9780124047471
Genre : Medical
File Size : 89. 84 MB
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As an authoritative guide to biotechnology enterprise and entrepreneurship, Biotechnology Entrepreneurship and Management supports the international community in training the biotechnology leaders of tomorrow. Outlining fundamental concepts vital to graduate students and practitioners entering the biotech industry in management or in any entrepreneurial capacity, Biotechnology Entrepreneurship and Management provides tested strategies and hard-won lessons from a leading board of educators and practitioners. It provides a ‘how-to’ for individuals training at any level for the biotech industry, from macro to micro. Coverage ranges from the initial challenge of translating a technology idea into a working business case, through securing angel investment, and in managing all aspects of the result: business valuation, business development, partnering, biological manufacturing, FDA approvals and regulatory requirements. An engaging and user-friendly style is complemented by diverse diagrams, graphics and business flow charts with decision trees to support effective management and decision making. Provides tested strategies and lessons in an engaging and user-friendly style supplemented by tailored pedagogy, training tips and overview sidebars Case studies are interspersed throughout each chapter to support key concepts and best practices. Enhanced by use of numerous detailed graphics, tables and flow charts

Methods For Risk Assessment Of Transgenic Plants

Author : Klaus Ammann
ISBN : 9783034880336
Genre : Science
File Size : 86. 34 MB
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For centuries, TK has been used almost exclusively by its creators, that is, indigenous and local communities. Access to, use of and handing down of TK has been regulated by local laws, customs and tmditions. Some TK has been freely accessible by all members of an indigenous or local community and has been freely exchanged with other communities; other TK has only been known to particular individuals within these communities such as shamans, and has been handed down only to particular individuals of thc next generation. Over many generations, indigenous and local communities have accumulated a great deal of TK which has generally been adapted, developed and improved by the generations that followed. For a long time, Western anthropologists and other scientists have generally been able to freely access TK and have documented it in their works. Still, this TK was only seldom used outside the indigenous and local communities that created it. More recently, however, Western scientists have become aware that TK is neither outdated nor valueless knowledge, but, instead, 1 can be useful to solve some of the problems facing today's world. Modem science, for example, has shown an increased interest in some fornls ofTK as knowledge that can be used in 4 research and development (R&D) activities and be integrated in modem innovations. This holds especially true for TK regarding genetic resources, which has been integrated in modem 6 phannaceuticals,s agro-chemicals and seed.

Biotechnology And The Patent System

Author : Claude E. Barfield
ISBN : 0844742562
Genre : Law
File Size : 29. 38 MB
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American patent law has reached an unprecedented crossroads, prodded by a landmark Supreme Court decision this spring and the prospect of sweeping new federal legislation this fall. At this critical time, Biotechnology and the Patent System: Balancing Innovation and Property Rights provides a timely look at the complex issues involved in making patent law for cutting-edge high-tech industries such as the biotechnology and computer software sectors.

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