Medicine and Health Sciences Commons^™

Exhausted Or Unlicensed: Can Field-Of-Use Restrictions In Biotech License Agreements Still Prevent Off-Label Use Promotion After Quanta Computer?, Kristal M. Wicks

The University of New Hampshire Law Review

[Excerpt] “In the biotechnology (biotech) industry, companies must be increasingly aware of their intellectual property and how their licensing strategies can impact their rights. When licensing patented technology, it is common practice for biotech companies to include restricted field-of-use provisions in their license agreements. Such provisions permit a licensee to only use licensed technology in a defined field and restrict use or development in another field. This licensing strategy plays an important role within the biotech industry because it allows companies to more effectively control their intellectual property and to more efficiently research and develop pharmaceutical products.

A problem that …

Review Of "The Human Embryonic Stem Cell Debate: Science, Ethics, And Public Policy (Basic Bioethics)," Edited By Suzanne Holland, Karen Lebacqz, And Laurie Zoloth, James Steele

The University of New Hampshire Law Review

[Excerpt] "Perhaps like others, I started "The Human Embryonic Stem Cell Debate" not knowing many of the finer points of embryonic stem cell research, but I certainly had an opinion. This issue is far more complex than I had initially imagined. The editors do a commendable effort of compiling a sample of the innumerable arguments surrounding the debate."

Genome Research And Traditional Intellectual Property Protection -- A Bad Fit?, Kate H. Murashige

RISK: Health, Safety & Environment (1990-2002)

Dr. Murashige addresses the need for a patent system more closely tailored to the needs of biotechnology. For example, the obviousness requirement may interfere with using patents to recoup high costs of work when it could arguably be done by researchers of ordinary skill.

Maximizing The Return From Genome Research: Introduction, Thomas G. Field Jr.

RISK: Health, Safety & Environment (1990-2002)

Professor Field introduces and explains the origins of the symposium.

Origins Of The Human Genome Project, Robert Mullan Cook-Deegan

RISK: Health, Safety & Environment (1990-2002)

Dr. Cook-Deegan recounts some of the scientific and political history leading to controversy about the proper mix of private and public roles in pursuing genome research and bringing its fruits to bear, e.g., in preventing and curing disease.

Overview Of Potential Intellectual Property Protection For Biotechnology, Kate H. Murashige

RISK: Health, Safety & Environment (1990-2002)

Dr. Murashige compares the function and value of copyright, patent and trade secret laws in recovering investments in developing genome-related biotechnology.

Book Review, Bradley J. Olson

RISK: Health, Safety & Environment (1990-2002)

Review of: JOHN HARRIS, WONDERWOMAN AND SUPERMAN: THE ETHICS OF HUMAN BIOTECHNOLOGY. (Oxford University Press 1992) [271 pp.] Acknowledgements, further reading, index, introduction, notes. LC 91-23939; ISBN 0-19-2177540-0. [$22.95 cloth. 200 Madison Avenue; New York NY 10016.]

Book Review, Gianna Julian-Arnold

RISK: Health, Safety & Environment (1990-2002)

Review of the following: BIOMEDICAL POLITICS. (Kathi E. Hanna, ed., National Academy Press 1991) [352 pp.] Preface and acknowledgements, Carl W. Gottschalk, Chair, Institute of Medicine Committee to Study Biomedical Decision Making. Appendices, biographical notes on authors and commentators, index, notes, references. LC 91- 18394, ISBN 0-309-04486-3. [Cloth $29.95. Export $36.00. 2101 Constitution Ave., NW, Washington DC 20418.]

Old Remedies In The Biotechnology Age: Moore V. Regents, Michelle J. Burke, Victoria M. Schmidt

RISK: Health, Safety & Environment (1990-2002)

The California Supreme Court, by excluding a potential remedy, has eliminated many concerns generated by a lower court decision resolving rights to the cell line derived from John Moore's spleen. Yet, the Supreme Court gave little attention to remedies that remain. The authors argue that a constructive trust, a remedy of considerable vintage and great flexibility, could be applied to achieve a just result in such circumstances without affecting the biotechnology world at large.

Federal Technology Transfer: Should We Build Subarus In Bethesda, Christopher J. Harnett

RISK: Health, Safety & Environment (1990-2002)

A critical examination of a policy designed to encourage commercial exploitation of federally funded biomedical research. The author argues that the implementation of this policy threatens the integrity of basic science in America.