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Title: The Discovery of Invention: Gene Patents and the Question of Patentability
Authors: Gibson, Johanna
Keywords: Patent;Patentability;Biotechnology;Genetics and gene sequence;Development
Issue Date: Jan-2007
Publisher: CSIR
Abstract: The application of patent protection for gene sequences and associated technological developments have met with much controversy and indeed misunderstanding. But in so far as intellectual property protection is afforded to products in order to develop and sustain certain markets, any misunderstanding cannot be dismissed. The very nature of the intellectual property bargain with the public is such that the relationship with the consumer underpins the legitimacy of the law. So-called gene patents are arguably no different. Considering developments in Europe and other jurisdictions, this paper considers the problematic scope of so-called gene patents and identifies factors, both within the legal framework and in terms of the socio-economic policies underpinning intellectual property, that support a restricted purpose-bound approach to patent protection of gene sequences. Arguably, such an approach demonstrates the critical nexus between the inventiveness of such technology and its use.
Page(s): 38-44
ISSN: 0971-5544
Appears in Collections:JIPR Vol.12(1) [January 2007]

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