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Articles 1 - 9 of 9
Full-Text Articles in Intellectual Property Law
Overcoming India’S Food Security Challenges: The Role Of Intellectual Property Management And Technology Transfer Capacity Building, Stanley Kowalski, Aarushi Gupta, Ifica Mehra
Overcoming India’S Food Security Challenges: The Role Of Intellectual Property Management And Technology Transfer Capacity Building, Stanley Kowalski, Aarushi Gupta, Ifica Mehra
Law Faculty Scholarship
The growth of the Indian economy after Independence has had little impact on the food security of the country. The paper analyses the development of advanced crop varieties through the use of agricultural technologies (hereinafter "agbiotech") within the technology transfer system, a framework which comprises of the interactions of intellectual property rights law and agricultural research and development in India. Through this, the author argues that agricultural innovation in India is failing due to the absence of connections within the technology transfer system and advocates for the creation of a national program aimed at advancing IP and tech-transfer capacity in …
U.S. Patent Literature Survey Of Agrobacterium-Mediated Transformation Of Sweet Potato (Ipomoea Batatas), Jon R. Cavicchi, Stanley P. Kowalski, J. Jaya Murthy, Rahul R. Vartak
U.S. Patent Literature Survey Of Agrobacterium-Mediated Transformation Of Sweet Potato (Ipomoea Batatas), Jon R. Cavicchi, Stanley P. Kowalski, J. Jaya Murthy, Rahul R. Vartak
Law Faculty Scholarship
A team of researchers and patent information scientists at Franklin Pierce Law Center were asked to evaluate the patent and literature landscape related to the Agrobacterium-mediated transformation in sweet potato with respect to the U.S. patents and patent applications. This report provides a patent landscape of the Agrobacterium-mediated transformation of sweet potato. The report includes the applicable methods of transformation and has also included certain patents and patent applications which claim a transformed plant by virtue of these methods. In certain cases, the claim structure covers Agrobacterium-mediated transformation technology via system and composition of matter claims and not the more …
Freedom-To-Operate In The Crop Sciences: Procedure, Stanley P. Kowalski
Freedom-To-Operate In The Crop Sciences: Procedure, Stanley P. Kowalski
Law Faculty Scholarship
Freedom to operate (FTO) is the ability to proceed with research, development and commercialization of a crop science product, while fully accounting for any potential risks of infringing activity, that is, whether a product can be made, used, sold, offered for sale, or exported, with a minimal risk of infringing the unlicensed intellectual property rights (IPRs) or tangible property rights (TPRs) of another. An FTO analysis begins with the ‘FTO team’ systematically dissecting the crop science product into the components, combination of components, processes and germplasm that went into its research and development. This is followed by generating a series …
Rational Risk/Benefit Analysis Of Genetically Modified Crops, Stanley P. Kowalski
Rational Risk/Benefit Analysis Of Genetically Modified Crops, Stanley P. Kowalski
Law Faculty Scholarship
Safety concerns over the use of molecular biotechnology in the improvement of crops has generated substantial, heated and confusing debates, often driven by ideology and hysterics. Modification of crops is not new, and biotechnology (in its broadest sense) has been used for over a century to accelerate the development of new crops for food, feed and fibre, so as to meet the demands of a growing global community. The introduction of crops developed via molecular biotechnology [Genetically Modified Crops (GMCs)] represents the latest step in this inexorable innovative progression of technology. However, misinformed concern has led to a broad embrace …
Biotechnology And The Law: A Consideration Of Intellectual Property Rights And Related Social Issues, Michael D. Mehta
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 …
The Commons Concept And Intellectual Property Rights Regime: Whither Plant Genetic Resources And Traditional Knowledge?, Chika B. Onwuekwe
The Commons Concept And Intellectual Property Rights Regime: Whither Plant Genetic Resources And Traditional Knowledge?, Chika B. Onwuekwe
The University of New Hampshire Law Review
[Excerpt] "The classification of plant genetic resources (PGRs) as the common heritage of humankind continues to generate controversies. The debate is between developing countries that are the primary sources of these resources and industrialized, biotechnologically advanced countries that appropriate and utilize PGRs as raw materials for various commercial products, such as medicine, seed variety, or pesticides. Scholars of diverse backgrounds express various opinions on whether PGRs obtained from plants found within a territory of a sovereign state should properly be designated “common heritage of humankind” or regarded as part of the “commons,” and therefore freely accessible. The debate also extends …
Agricultural Biotechnology In China: An Unreachable Goal?, Stanley P. Kowalski
Agricultural Biotechnology In China: An Unreachable Goal?, Stanley P. Kowalski
Law Faculty Scholarship
Recently there has been much discussion about the People’s Republic of China’s (PR) investment in and commitment to agricultural biotechnology (agri-biotech). Rapid economic expansion, population growth and technological development are changing the PRC; accompanying these changes is increased demand for high-quality food and fibre. Agri-biotech is optimistically viewed as an important way to meet these demands. Whereas Chinese technological capacity in agri-biotech has advanced significantly over the past decade, it may be unable to meet these challenges. Even when this capacity is combined with good intentions, enlightened policy and large capital outlays, accelerated development of agri-biotech may nevertheless be precluded. …
Golden Rice: A Case Study In Intellectual Property Management And International Capacity Building, Stanley P. Kowalski, R. David Kryder
Golden Rice: A Case Study In Intellectual Property Management And International Capacity Building, Stanley P. Kowalski, R. David Kryder
Law Faculty Scholarship
In order for agricultural biotechnology (agri-biotech) to play a larger role in the development of sustainable agricultural systems, intellectual property (IP) rights management must be addressed. These issues are not limited to developing countries. With increased globalization, the management of agri-biotech IP rights affects both developing and industrialized countries. In industrialized countries, for example, IP rights risk management entails protection of inventions via strong patent portfolios. For developing countries, IP rights risk management includes the acquisition of rights requisite for the use of inventions essential to the basic welfare of the population. Strategies are needed to bridge these disparate IP …
The Intellectual And Technical Property Components Of Pro-Vitamin A Rice (Goldenricetm): A Preliminary Freedom-To-Operate Review, R. David Kryder, Stanley P. Kowalski, Anatole F. Krattiger
The Intellectual And Technical Property Components Of Pro-Vitamin A Rice (Goldenricetm): A Preliminary Freedom-To-Operate Review, R. David Kryder, Stanley P. Kowalski, Anatole F. Krattiger
Law Faculty Scholarship
Rice is a staple food for millions of people, predominantly in Asia, but lacks essential nutritional components such as Vitamin A. This is very important for over 180 million children and women of child bearing age who suffer from Vitamin A deficiency in Asia alone. For this reason, an improvement was made under an effort led by Profs. Ingo Potrykus and Peter Beyer by inserting several genes into rice to produce an improved product called GoldenRice. Because GoldenRice has the potential to be easily integrated into the farming systems of the world's poorer regions, the advent of GoldenRice promises to …