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Food and Drug Law

University of Washington School of Law

Journal

Articles 1 - 9 of 9

Full-Text Articles in Comparative and Foreign Law

Greater Uniformity And Centralization: The Regulatory Development Of Chinese Food And Product Safety Under The Wto, Nga Kit (Christy) Tang Jan 2019

Greater Uniformity And Centralization: The Regulatory Development Of Chinese Food And Product Safety Under The Wto, Nga Kit (Christy) Tang

Washington International Law Journal

The WTO Agreements emphasize free trade, which links with diversity, deregulation, and decentralization. China, on the other hand, emphasizes uniformity and centralization, especially regarding the political control and the one-party system of “democratic dictatorship.” China’s joining the WTO, therefore, may be considered as a development that changes the regulatory structure to become more diverse, deregulated, and decentralized. This paper, however, finds the opposite. Under the WTO law, China is encouraged to move towards greater uniformity and centralization with its decentralized and non-uniform settings under the market policy. Moreover, the WTO’s uniform and centralized encouragements can be integrated into the rule-by-man …


Appellations And Adaptations: Geographical Indication, Viticulture, And Climate Change, Raz Barnea Jun 2017

Appellations And Adaptations: Geographical Indication, Viticulture, And Climate Change, Raz Barnea

Washington International Law Journal

Fine wine as we know it is a relatively modern innovation. But French wine culture presents a mythology of a stable and venerable tradition dating back centuries. Central to this mythology is the concept of terroir: the notion that the place—both the land and the people—defines the product. In the early Twentieth Century, France adopted laws giving local producers of wine exclusive rights to name the wine for the region of its origin. These regions, called appellations, have come to stand for the type and quality of wine produced within them—Champagne and Bordeaux are two well-known examples. The appellation regime …


Innovation In Known Drugs—The European Angle, Galit Gonen Feb 2017

Innovation In Known Drugs—The European Angle, Galit Gonen

Washington Journal of Law, Technology & Arts

Research into new uses for known drugs should be encouraged because the “repurposing” of known drug molecules can be a highly effective route of innovation for pharmaceutical companies. Investment in the development of these products should be rewarded. However, incentives that are designed to reward innovation must be in line with the size and value of the innovation in order to maintain a sustainable balance between incentivizing research and developing and encouraging a competitive market. In the context of encouraging innovation of new uses for known drugs, factors that facilitate access to drug development and innovation should also be considered …


Future Of Innovation In Medicine: Incentives For New Medical Treatments And Global Health, Anon Feb 2017

Future Of Innovation In Medicine: Incentives For New Medical Treatments And Global Health, Anon

Washington Journal of Law, Technology & Arts

A transcript of the symposium's proceedings.


Future Of Innovation In Medicine: Incentives For New Medical Treatments And Global Health, Robin Jacob Feb 2017

Future Of Innovation In Medicine: Incentives For New Medical Treatments And Global Health, Robin Jacob

Washington Journal of Law, Technology & Arts

The Future of Innovation in Medicine Conference (“Conference”) proceedings contained in this Symposium Issue are about the problem of incentivizing research into new uses for established medicines. Putting the problem into the wider context of financing pharma research generally gives an important perspective.


The Patent And Non-Patent Incentives For Research And Development Of New Uses Of Known Pharmaceuticals In Japan, Toshiko Takenaka Feb 2017

The Patent And Non-Patent Incentives For Research And Development Of New Uses Of Known Pharmaceuticals In Japan, Toshiko Takenaka

Washington Journal of Law, Technology & Arts

Japan is one of most innovative drug manufacturer-friendly countries because it revised its patent and drug regulation systems for providing patent and non-patent incentives for new use and treatment R&D based on its pro-patent and pro-medical science policies. This article provides an overview of the pharmaceutical industry and examines patent and non-patent incentives for drug R&D in focusing on incentives for developing new uses of and treatments for known drugs from a comparative law perspective. After discussing the difficulties in establishing infringement and in obtaining injunctions against generic drug manufacturers who infringe new use product patents, the article reviews measure …


Infringement Of Swiss-Type Second Medical Use Patent Claims In Germany—Recent Developments In Case Law, Matthias Zigann Feb 2017

Infringement Of Swiss-Type Second Medical Use Patent Claims In Germany—Recent Developments In Case Law, Matthias Zigann

Washington Journal of Law, Technology & Arts

Following recent regional court decisions on the infringement of second medical use patent claims, the German concept of manifest arrangement—previously believed to provide a safe harbor for generic pharmaceutical companies as long as they skinny-labeled their products—may be subject to a new interpretation. The German decisions are part of a Europe wide series of decisions on the same or similar subject matter and prove to be patent owner friendly.


Intellectual Property Rights And The Public Sector: Why Compulsory Licensing Of Protected Technologies Critical For Food Security Might Just Work In China, Gregory C. Ellis Jun 2007

Intellectual Property Rights And The Public Sector: Why Compulsory Licensing Of Protected Technologies Critical For Food Security Might Just Work In China, Gregory C. Ellis

Washington International Law Journal

The majority of people in the developed world have the luxury of never having to address food shortages and malnutrition. In developing countries, however, ensuring food security presents greater challenges. Agricultural biotechnology has the potential to alleviate many of the food crises occurring in developing countries. Unlike private sector corporations, public sector entities are creating genetically modified (“GM”) crops to ensure food security. However, the intellectual property rights (“IPRs”) to the many technologies required to create a single GM crop are often fragmented across the private and public sectors. Fragmentation of IPRs creates a “patent thicket” that increases the challenges …


Genetically Modified Crops In The Philippines: Can Existing Biosafety Regulations Adequately Protect The Environment?, Christina L. Richmond Jun 2006

Genetically Modified Crops In The Philippines: Can Existing Biosafety Regulations Adequately Protect The Environment?, Christina L. Richmond

Washington International Law Journal

Global concern persists about the use of genetically modified crops (“GM crops”). This concern originates from the divergent perspectives of nations with a stake in either the production or consumption of GM crops. Proponents of GM crops in developing countries claim that the crops could increase food supply by improving plant resistance to pesticides, thereby alleviating the need for farmers to purchase chemicals that are frequently expensive or unavailable. However, many organizations and countries are hesitant or outright opposed to GM crops, particularly regarding their potentially undesirable ecological and agricultural consequences. As one of the first Asian nations to approve …