By Johanna Gibson
This assortment comprises contributions from a variety of pursuits and views, within the context of present foreign advancements in lifestyles patents, and the worldwide schedule of harmonisation of overseas highbrow estate. The ebook is split into 5 sections reflecting the severe concerns bobbing up from patents and biotechnology - Context; Human Rights and moral Frameworks; medication and Public overall healthiness; conventional wisdom; and, Agriculture. The overseas members from executive, civil society, academia and the non-public area supply varied views on existence patents and the facilitation of social, cultural and financial improvement within the context of foreign rules of exchange.
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Additional info for Patenting Lives (Intellectual Property, Theory, Culture)
Sample text
162). The PVPA was enacted in 1970. It creates a sui generis type of intellectual property protection for any type of plant variety so long as it is new, distinct, uniform and stable. Q. (BNA) 443 (1985), 4-5, 8-9. Q. (2d) 1425 (1987). 69 1077 Official Gazette 24 (21 April 1987). S. 124 (2001). C. 1990, c. 20. 72 The UPOV Convention, or International Convention for the Protection of New Varieties of Plants, was negotiated by a group of European countries and agreed to in 1961. There have been two subsequent versions of the Convention, from 1978 and 1991, and membership has been opened to non-European states.
41 Aldridge, n. 13, 251. v. ‘fungible’. 43 K. Schneider, ‘New Animal Forms will be Patented’ The New York Times (17 April 1987): A1. 44 What should these ethical objections be? That living organisms are not merely instruments like other tools we have created for meeting our needs. That a living being is entirely different from manufactured goods. Forcing life forms into the patent law ignores these ethical concerns. III. Sanctity and Violability The third set of antonyms is, in turn, derived from the second.
II. Uniqueness and Fungibility The second set of antonyms derives somewhat from the first in that denying the complexity and thus the autonomy of life forms is a requirement for considering them as fungible. S. 43 The legal fiction that assumes away the complexity of life to allow the patenting of organisms also suggests that these organisms are fungible with the other types of things patented under the statute. Living organisms must be made ‘pseudo-inanimate’ to fit under patent law – seemingly inanimate but still, in fact, living.