Innovation and Liability in Biotechnology introduces and articulates an innovative framework, the Liability Analysis Framework (LAF), which offers a new perspective from which stakeholders and society can assess, manage and communicate about liability in relation to innovation. This path-breaking book provides a detailed description of the relationship between risk and liability. Risk and liability are not synonymous and the fact that, at times, the terms have been used in very close proximity has resulted in confusion and misunderstandings.
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Transnational and Comparative Perspectives
Stuart J. Smyth, A. Bryan Endres, Thomas P. Redick and Drew L. Kershen
Edited by David Castle
Intellectual property rights (IPRs), particularly patents, occupy a prominent position in innovation systems, but to what extent they support or hinder innovation is widely disputed. Through the lens of biotechnology, this book delves deeply into the main issues at the crossroads of innovation and IPRs to evaluate claims of the positive and negative impacts of IPRs on innovation.
Biotech Patents in the Age of Free Trade
Starting with the 13th century, this book explores how patents have been used as an economic protectionist tool, developing and evolving to the point where thousands of patents have been ultimately granted not over inventions, but over isolated or purified biological materials. DNA, invented by no man and once thought to be ‘free to all men and reserved exclusively to none’, has become cartelised in the hands of multinational corporations. The author questions whether the continuing grant of patents can be justified when they are now used to suppress, rather than promote, research and development in the life sciences.
Law and Decision Making for a New Technology
This book explores the EU’s elaborate regulatory framework for GMOs, which extends far beyond the process of their authorisation (or not) for the EU market, embracing disparate legal disciplines including intellectual property, consumer protection and civil liability. The regulation of GMOs also highlights questions of EU legitimacy in a context of multi-level governance, both internally towards national and local government, and externally in a world where technologies and their regulation have global impacts.
This book documents and evaluates the dramatic expansion of intellectual property law to accommodate various forms of biotechnology from micro-organisms, plants, and animals to human genes and stem cells. It makes a unique theoretical contribution to the controversial public debate over the commercialization of biological inventions.
Human Genetics, Food and Patents
Edited by Han Somsen
This book will make a significant contribution to the debate surrounding the effective regulation of biotechnology. The contributing authors assess how regulatory regimes can accommodate the many different and often conflicting issues to which biotechnology is giving rise to (including a very tainted public image). The book’s ultimate aim is to explore ways of designing a regulatory regime that takes heed of these different demands whilst, at the same time, answering to the imperatives of effectiveness and efficiency.