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Jorge L. Contreras
This chapter offers a comprehensive, descriptive account of patent pledges today. It identifies the industry sectors in which pledges appear, the patents that they cover, the commitments that they embody, and the forms in which they are made. This catalog of the forms and structures of patent pledges supports the development of an analytical taxonomy of patent pledges.
Edited by Jorge L. Contreras and Meredith Jacob
Marta Díaz Pozo
This chapter provides a general introduction to the book. The chapter reviews the historical development of the biotechnology industry and the difficulties in applying conventional European patent law rules to genetic inventions. In particular, the chapter presents the concerns regarding the lack of industrial application of patent claims over isolated human DNA sequences and the importance of this requirement in the patenting of inventions concerning human genes.
Daniel J. Gervais
The history of copyright in common law jurisdictions going back to the Statute of Anne was a mostly haphazard process of rights accretion. The complexity grew but because copyright was mostly used by and traded between professionals, the system functioned relatively well. With the advent of the Internet, the absence of physical media to distribute copyright material and the attempts to control the behaviour of individual users online is leading to a deep reconsideration of both the objectives and method of enforcing and using copyright.