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Clearing a way through the CRISPR patent jungle
The revocation of Broad Institute’s patent EP2771468, marks the latest major development in a series of patent battles over the revolutionary and highly lucrative CRISPR- Cas 9 technology (and other gene editing technologies) in the US and Europe. While this is the first EPO decision in an opposition procedure concerning the Broad patent portfolio, the outcome may have implications for other relat
Reap what you sow! - But what about SPC squatting?
Abstract: Despite an avalanche of recent court decisions on the European system for supplementary protection certificates (SPCs), the issue of third party SPC applications - also known as “SPC squatting” – has never been sufficiently clarified. Considering the ambiguous stipulations in the SPC Regulations, as well as the practical and theoretical significance of this issue, the lack of judicial gu
Arrhythmogenic right ventricular cardiomyopathy : Evaluation of the current diagnostic criteria and differential diagnosis
Patenting Human Genes in Europe: and how it compares to the US and Australia
In accordance with the concept of the book and the assigned scope of the contribution, this chapter describes the European law with respect to the patent-eligibility of isolated DNA sequences. This chapter will further include a brief comparison with recent developments from the US and Australia. It will, however, not focus on the important debates regarding the patent-eligibility of other biologi
Innovation and Intellectual Property Policies in European Research Infrastructure Consortia - PART I: The Case of the European Spallation Source ERIC
Research and innovation are key pillars of the EU’s strategy to create sustainable growth and prosperity in Europe. Research infrastructures (RIs) are central instruments to implement this strategy. They bring together a wide diversity of expertise and interests to look for solutions to many of the problems society is facing today. To facilitate the creation and operation of such RIs, the EU adopt
Fighting Falsified Medicines with Paperwork – A Historic Review of Danish Legislation Governing Distribution of Medicines
Many areas of pharmaceutical legislation in the European Union (EU) are harmonised in order to promote the internal market and protect public health. Ideally, harmonisation leads to less fragmented regulation and cross-border complexities. This study, however, focuses on an increasingly harmonised legislative area that is subject to increases in requirements and complexities: the distribution of m
Reconciling IPRs and openness in biobanking
This opinion argues that carefully drafted IPR-policies could be used to protect the substantial investments made by biobanks in the collection of HBM and data while at the same time allowing scientists to share information and to seek IPRs on downstream inventions resulting from the use of such collections. We also recognize that the feasibility of IPR-policies depends on the specific types, set-
Standards, Data Exchange and Intellectual Property Rights in Systems Biology
Intellectual property rights (IPRs) represent a key concern for researchers and industry in basically all (high-tech) sectors. IPRs regularly figure prominently in scientific journals and at scientific conferences and lead to dedicated workshops to increase the awareness and “IPR savviness” of scientists. In 2015, Biotechnology Journal published a report from an expert meeting on “Synthetic Biolog
The Industrial Application Requirement for Biotech Inventions in Light of Recent EPO and UK Case Law: A Plausible Approach or a Mere "Hunting Licence"?
Secondary Fracture Prevention : Consensus Clinical Recommendations from a Multistakeholder Coalition
Osteoporosis-related fractures are undertreated, due in part to misinformation about recommended approaches to patient care and discrepancies among treatment guidelines. To help bridge this gap and improve patient outcomes, the American Society for Bone and Mineral Research assembled a multistakeholder coalition to develop clinical recommendations for the optimal prevention of secondary fractuream
Life after Myriad: the uncertain future of patenting biomedical innovation and personalised medicine in an international context
On June 13, 2013, the U.S. Supreme Court decided the Myriad gene patent case. In a unanimous judgment the Court held that patent claims directed to isolated genomic DNA are identical to the naturally occurring sequence and thus unpatentable “products of nature”. This decision affects all isolated"products of nature", including genes, gene fragments, and other naturally occurring nucleotide sequenc
Enforcing patents in the era of 3D printing
This article explores relevant laws and doctrines of patent infringement in Europe with a special emphasis on 3D printing (3DP) technologies. Considering the difficulties that patent owners might face in pursuing direct patent infringement actions in the rapidly evolving era of 3DP, we suggest that patent owners will most likely direct their efforts towards indirect patent infringement strategies.
IPRs in Biobanking: Risks and Opportunities for Translational Research
Standardization, IPRs and open innovation in synthetic biology
It is fair to assume that the process of standardization may have a significant impact on the development and adoption of SB. Within SB different standardization efforts have been made, but none has assumed a dominance or authority in the area. Standardization efforts within SB may differ within various technical areas, and also the basic processes of standard creation can be divided into various
A “ray of hope” for European stem cell patents or “out of the smog into the fog”?: The CJEU decision in C-364/13 and how it compares to recent US developments.(under review)
Synthetic biology and intellectual property rights: Six recommendations
Guidelines on use of interventions to enhance healing of chronic foot ulcers in diabetes (IWGDF 2019 update)
The International Working Group on the Diabetic Foot (IWGDF) has published evidence-based guidelines on the prevention and management of diabetic foot disease since 1999. In conjunction with advice from internal and external reviewers and expert consultants in the field, this update is based on a systematic review of the literature centred on the following: the Population (P), Intervention (I), Co
Energy issues in sustainable urban wastewater management : Use, demand reduction and recovery in the urban water cycle
Urban water systems and, in particular, wastewater treatment facilities are among the major energy consumers at municipal level worldwide. Estimates indicate that on average these facilities alone may require about 1% to 3% of the total electric energy output of a country, representing a significant fraction of municipal energy bills. Specific power consumption of state-of-the-art facilities shoul