Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Discordant Harmonization: Did The European Court Of Justice Interpret The Biotechnology Directive’S Exclusions To Patentability Too Broadly In Brustle V. Greenpeace?, Mark Nickas
Mark Nickas
Stem cell technology offers the hope of treating a variety of diseases for which no effective treatment is currently available. Development of most therapeutic technologies depends on the availability of patent rights, which offer the opportunity to recoup the substantial investment necessary for such inventions. The question of whether human embryonic stem cells (hESCs) are eligible for patent protection raises deep-seated questions of ethics, with compelling moral arguments on both sides. The European Union’s Biotechnology Directive, passed in 1998, excludes from patentability inventions that involve the use of human embryos as contrary to ordre public or morality. Since the enactment …
A Patent Prize System To Promote Development Of New Antibiotics And Conservation Of Existing Ones, Mark Nickas
A Patent Prize System To Promote Development Of New Antibiotics And Conservation Of Existing Ones, Mark Nickas
Mark Nickas
Antibiotics are valuable drugs that fight bacterial infections, but our supply of antibiotics is at risk. Existing antibiotics gradually lose their effectiveness due to bacterial resistance, and few new antibiotics are being developed to replace them. A variety of models have been proposed to promote the conservation of existing antibiotics and/or incentivize private actors, i.e., drug companies, to develop new ones. Previous models, however, all encourage investment in antibiotic research and development via patent rights, which also create an incentive to oversell antibiotics. Because the inappropriate use of antibiotics accelerates the development of resistance, patent rights put the public health …