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2004

Biotechnology

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The Experimental Purpose Doctrine And Biomedical Research, Tao Huang Oct 2004

The Experimental Purpose Doctrine And Biomedical Research, Tao Huang

Michigan Telecommunications & Technology Law Review

The experimental use doctrine is a common law rule in patent law that until a few years ago excused accused infringers who made and used patented products or processes on the basis of an experimental, educational, or nonprofit purpose when there was de minimis economic injury to the patent owner and de minimis economic gain to the infringer. While the application of the experimental purpose doctrine was always narrow, two recent Federal Circuit decisions indicate that there is not much left under its aegis. In Madey v. Duke University, the Federal Circuit strictly limited the application of the experimental purpose …


An Examination Of Patents, Licensing, Research Tools, And The Tragedy Of The Anticommons In Biotechnology Innovation, Michael S. Mireles Oct 2004

An Examination Of Patents, Licensing, Research Tools, And The Tragedy Of The Anticommons In Biotechnology Innovation, Michael S. Mireles

University of Michigan Journal of Law Reform

The continued development of and affordable access to potentially life saving pharmaceuticals, gene therapies and diagnostics is unquestionably a socially important issue. However, crafting government policy to encourage the development of and allowing affordable access to those services and products is difficult. On one hand, the development of those services and products requires a large investment of funds because of the complexity, collaborative nature, and uncertainty of the development of those products and services. Accordingly, investors require the safety of strong and stable patent rights to ensure a return on their investment in the development of a commercial end-product or …


Economic Conditions And Trends In The Region: Potential Strategies To Encourage Foreign Direct Investment, Lester Thurow, Dorothy Lemelson Apr 2004

Economic Conditions And Trends In The Region: Potential Strategies To Encourage Foreign Direct Investment, Lester Thurow, Dorothy Lemelson

Macro Center Working Papers

The technology revolution has lead globalization. Because of globalization, there is an advantage of being small like Gaza as it is easier to get organized. The foreign direct investment is crucial to the development of Gaza. It includes technology, markets, scarce management skills, scarce engineering skills: thing cannot be bought. In order to attract foreign direct investment to the offshore island, the selling proposition needs to be indentified.


Gaps, Inexperience, Inconsistencies, And Overlaps: Crisis In The Regulation Of Genetically Modified Plants And Animals, Gregory N. Mandel Apr 2004

Gaps, Inexperience, Inconsistencies, And Overlaps: Crisis In The Regulation Of Genetically Modified Plants And Animals, Gregory N. Mandel

William & Mary Law Review

The regulation of genetically modified products pursuant to statutes enacted decades prior to the advent of biotechnology has created a regulatory system that is passive rather than proactive about risks, has difficulty adapting to biotechnology advances, and is highly fractured and inefficient-transgenic plants and animals are governed by at least twelve different statutes and five different agencies or services. The deficiencies resulting from this piecemeal approach to regulation unnecessarily expose society and the environment to adverse risks of biotechnology and introduce numerous inefficiencies into the regulatory system. These risks and inefficiencies include gaps in regulation, duplicative and inconsistent regulation, unnecessary …


Flesh And Machines: How Robots Will Change Us And Our Posthuman Future: Consequences Of The Biotechnology Revolution (Book Reviews), Charles C. Adams Mar 2004

Flesh And Machines: How Robots Will Change Us And Our Posthuman Future: Consequences Of The Biotechnology Revolution (Book Reviews), Charles C. Adams

Pro Rege

Reviewed Titles: Flesh and Machines: How Robots Will Change Us, by Rodney A. Brooks (New York: Pantheon Books, 2002). 260 pages. ISBN 0-375-42079-7, and Our Posthuman Future: Consequences of the Biotechnology Revolution, by Francis Fukuyama (New York: Farrar, Straus and Giroux, 2002). 256 pages. ISBN 0-374-23643-7.


Biotechnology And The Law: A Consideration Of Intellectual Property Rights And Related Social Issues, Michael D. Mehta Mar 2004

Biotechnology And The Law: A Consideration Of Intellectual Property Rights And Related Social Issues, Michael D. Mehta

The University of New Hampshire Law Review

[Excerpt] “Recent advances in biotechnology are expected by many to improve crop yield, reduce reliance on agricultural inputs like pesticides and herbicides, alleviate world hunger, improve the safety and effectiveness of pharmaceuticals, assist in the discovery of genes that trigger diseases like cancer, and make more efficient our legal institutions through DNA testing. Clearly, innovations in biotechnology are a powerful force for social change, and they pose unique challenges and opportunities for legal scholars and institutions. This section of the Pierce Law Review focuses on the interface between law and technology by examining how innovations in biotechnology accelerate debates about …


Patenting The Biological Bounty Of Nature: Re-Examining The Status Of Organic Inventions As Patentable Subject Matter, Burton T. Ong Jan 2004

Patenting The Biological Bounty Of Nature: Re-Examining The Status Of Organic Inventions As Patentable Subject Matter, Burton T. Ong

Marquette Intellectual Property Law Review

Mr. Ong discusses the controversy regarding biotechnology patents. Opponents of biotechnology patents are concerned that these patents show disrespect for life and nature, expropriate the traditional knowledge of indigenous communities, and encourage practices that threaten the environment. Proponents of biotechnology patents argue that patents are, at worst, neutral on such issues because they only grant a right to exclude; moreover, such patents encourage innovation in the public interest. Ong focuses instead on whether an individual inventor deserves an intellectual property right based on his contributions to a modified living organism or an organic substance derived from a living organism. He …


Interactive Dna Sequence And Structure Design For Dna Nanoapplications, Mingjun Zhang, Chaman Sabharwal, Weimin Tao, Tzyh-Jong Tarn, Ning Xi, Guangyong Li Jan 2004

Interactive Dna Sequence And Structure Design For Dna Nanoapplications, Mingjun Zhang, Chaman Sabharwal, Weimin Tao, Tzyh-Jong Tarn, Ning Xi, Guangyong Li

Computer Science Faculty Research & Creative Works

DNA sequence and structure design is very important for DNA nanoapplications. A computer-aided design tool is needed for exploring DNA sequence and structure of interests before experimental synthesis, which is a time- and labor-consuming process. In this paper, an interactive DNA sequence and structure design software tool called DNA shop is proposed and implemented. The visualization tool can generate DNA structures by specifying, selecting, and moving DNA sequences around and display corresponding structures. Using the tool, DNA sequence and structure can be visually inspected in three-dimensional space before experimental studies.


Biotechnology Law: A Tale Of Peptides And Lasers: Is Integra Lifesciences I, Ltd. V. Kgaa The End Of The Experimental Use Defense For Biomedical Innovation, Or Does § 271(E)(1) Of The Patent Act Save The Day, Melissa J. Alcorn Ph.D. Jan 2004

Biotechnology Law: A Tale Of Peptides And Lasers: Is Integra Lifesciences I, Ltd. V. Kgaa The End Of The Experimental Use Defense For Biomedical Innovation, Or Does § 271(E)(1) Of The Patent Act Save The Day, Melissa J. Alcorn Ph.D.

Oklahoma Law Review

No abstract provided.


Protein Similarity Score: Simplified Version Of The Blast Score As Superior Alternative To Percent Identity For Claiming Genuses Of Related Protein Sequences, Christopher M. Holman Jan 2004

Protein Similarity Score: Simplified Version Of The Blast Score As Superior Alternative To Percent Identity For Claiming Genuses Of Related Protein Sequences, Christopher M. Holman

Faculty Works

Recombinant proteins form the basis for most of the products of biotechnology, including drugs, diagnostics, research reagents, genetically modified organisms and industrial enzymes. However, the nature of proteins and the rules of patentability conspire to make it difficult to achieve adequate patent protection for novel proteins and the polynucleotides that encode them. Narrow patent claims limited to protein sequences sharing a high degree of structural identity can generally be designed around by introducing structural changes in the claimed protein, thereby avoiding the patent without substantially altering the protein's function. However, inventors are generally restricted in their ability to broadly claim …


Treaty Governance, Intellectual Property And Biodiversity, John Linarelli Jan 2004

Treaty Governance, Intellectual Property And Biodiversity, John Linarelli

Scholarly Works

When resources become valuable, various social and institutional pressures come to bear to enclose them in a property rights regime. Given the substantial progress of biotechnology and the life sciences, genetic resources found in biological diversity are experiencing such pressures. The question of how much commodification or commercialization of genetic resources is appropriate is of global concern; it affects the distribution of wealth in and among societies and countries. This article explores the emerging treaty law on intellectual property and biodiversity. It inquires What is biodiversity? and Why is biodiversity preservation important? It then focuses on the United Nations Framework …


The New Codex Alimentarius Commission Standards For Food Created With Modern Biotechnology: Implications For The Ec Gmo Framework's Compliance With The Sps Agreement, Aaron A. Ostrovsky Jan 2004

The New Codex Alimentarius Commission Standards For Food Created With Modern Biotechnology: Implications For The Ec Gmo Framework's Compliance With The Sps Agreement, Aaron A. Ostrovsky

Michigan Journal of International Law

This Note makes two assertions. First, despite the fact that the Codex guidelines do not specifically invoke the Precautionary Principle in name, it can indeed be read into the guidelines in the amount of deference given to states in how they assess risk. This in turn means that the E.C.'s Deliberate Release Directive should be enjoy a presumption of compliance with both the SPS Agreement and the GATT. The second assertion is that even if the adjudicating body of the WTO finds that the Deliberate Release Directive, in relying on the Precautionary Principle, prescribes a higher level of protection than …


Microelectrophoresis System Utilizing Conductivity Detection Analyzing Biological Molecues, Michelle Galloway Jan 2004

Microelectrophoresis System Utilizing Conductivity Detection Analyzing Biological Molecues, Michelle Galloway

LSU Doctoral Dissertations

Microfabrication technology has proven to be a valuable tool for creating polymer-based devices utilized in chemical and biochemical assays. Although, reducing the size of the device allows for short analysis times and reduces the reagent demand to ultrasmall volumes (< 1 nanoliter), a resulting consequence is the constraint placed on the limits of detection associated with the detector hardware required for readout. To overcome such constraints, laser-induced fluorescence (LIF) is often employed as a detection method as it provides low detection limits, which approach the single molecule level. Unfortunately, most LIF systems do not offer the benefits of miniaturization, with the detector components (i.e. laser, optics, filters) often times requiring a much larger footprint compared to the device. Another readout strategy that has shown promise for these devices is conductivity detection. Detection can be accomplished using either conventional-size or microfabricated electrodes, which can be integrated on the device. Although conductivity has been commonly used to detect inorganic or small organic species, the potential for detection of biological species has received little attention. In this work, an integrated conductivity detector was developed for the analysis of amino acids, peptides, proteins, and oligonucleotides (double-stranded DNA). Using the detector, mass detection sensitivities in the range of 10-18 - 10-21 moles were achieved. To increase the throughput of the system a state-of-the-art, multichannel device with a conductivity array detector was devised. This device, which consists of a 16-channel fluidic network and a printed circuit board, is geared toward automating three-processing steps onto a single fluidic platform including purification, preconcentration and detection for downstream parallel processing.