Human Rights Intellectual Property / Patent / Copyright Medical Law

Biotechnology, Patents and Human Rights in Europe: Innovations Concerning the Human Body

Edited by Helena Żakowska-Henzler · Tomasz Zimny
Edward Elgar Publishing July 2023

Specifications

ISBN-13
9781803920252
Publisher
Edward Elgar Publishing
Publication
July 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This innovative book explores the complex interplay between intellectual property for biotechnological innovations and human rights. Examining the clash between the drive to incentivise innovations that can fulfil human needs and the desire to grant global access to healthcare technologies, it presents thoughtful solutions to the challenges of protecting the human rights of all parties impacted by biotechnological patents and other relevant IP rights.

After laying out the essential biotechnological innovations of the last 40 years, the authors conduct an in-depth analysis of European exclusive rights relating to biotechnology and healthcare, with particular attention to five key European jurisdictions - France, Germany, Italy, Poland and the UK. Delving into complex legal and ethical disputes over the rights to privacy, integrity, autonomy, health and science, the book argues for a more balanced patent system, protecting both human rights and intellectual property.

This book will be a thought-provoking read for legal scholars, practitioners and policy-makers in the fields of biotechnology, pharmaceutical law, human rights law and intellectual property law. With its in-depth discussion of cutting-edge advances in biotechnology and the laws related to it, it will also prove enlightening for scholars and students interested in engaging with the field for the first time.

Table of Contents

An introduction to the current discussion about biotechnology, patents and human rights
1. What is being patented? An inquiry into recent developments in life sciences through the lens of patents
2. The patentability of inventions relating to the human body: non-technical exclusions to patentability and their normative basis
3. Patents for inventions concerning biological material contained in the human body in the light of human rights
4. Protection of health care innovation versus the rights to health and science
5. Challenges of IP for ground-breaking biotechnological innovation
6. Human rights of inventors and patentees versus rules of patent protection

Index
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