战略性微生物资源知识产权现状研究及发展对策

微生物作为全世界分布最广且拥有量最多的生物资源,其应用已涉及到诸多领域并展现出了巨大的经济价值和社会价值。因此研究微生物及其知识产权(intellectual property rights,IPR)全产业链的现状和发展,对于我们如何全新地认知微生物,如何挖掘微生物资源以及发挥微生物作为产业最重要部分的作用具有重要的意义。我国已形成了较为完备的微生物相关专利保护体系,已形成了基于微生物的全产业链生态发展闭环格局。本文通过以微生物专利构成实质技术转移、许可和质押相关大数据分析,通过挖掘利用各种微生物资源,从战略高度探索国家开放遗传资源的大数据,围绕微生物功能性活性成分、菌株(群)基因大数据,基于微生物功能代谢产物、基因组进行数据分析、预警和专利布局,做好微生物资源IPR现状研究及发展对策。最终形成以产业为依托,战略性资源作为引导,IPR助推微生物全产业链中核心技术引擎的格局,进而实现微生物战略资源产业集群发展。     

Intellectual property in natural sciences

The way from scientific finding through invention to production line and finally to the consument is long and expensive and patent should be taken into account. This is evident because the investment connected with the new application needs clear definition of intellectual property rights. Independently what we personally think about patenting in nature sciences--this is a common practice around the world. The positive and negative parameters of patenting are focus on biotechnology. The development of biotechnology is a cumulative effect of co-operation of several disciplines: biology, biochemistry, chemistry, engineering, genetics, medicines and pharmacy and many more. Between not cited here is law and consequently the needs of cooperation between researchers and lawyers. There are several barriers in this co-operation, for example: nomenclature as well as the way of thinking. These borders could be pass only with intercommunication and cross-understanding. The dialog and transfer of knowledge is a must for understanding the nomenclature, terminology of nature by lawyers and by researchers in case of law. Polish legislation concerning intellectually rights is regulated by the law "Prawo w?asno?ci przemys?owej" (30 June, 2000; Dz. U. 2003, Nr 119, pos. 1117, with later amendments). This legislation is related to European Union directives and Munich Convention. Accordingly patenting of product and process is possible in Poland. However, the procedure is time and money consuming, particularly in the case of patent submission in several countries. Amendment of the Polish law to biotechnology made possible patenting of living organism and their parts. It is worth to stress that patented inventions can be used free of charge for research and teaching.     

Intellectual property protection for plant-related inventions in Europe

The economic and political issues that accompany the commercial growing of genetically modified crops, as well as the risk of transgene spread, are often top of the agenda for debate. But one important aspect is frequently overlooked--the intellectual property protection of plant-related inventions. What protection does European patent law afford to such inventions, how does it compare with the United States law and what are the consequences of the differences between them?     

Intellectual property law: a primer for scientists

“Intellectual property” (IP) is a generic legal term for patents, copyrights, and trademarks, which provide legal rights to protect ideas, the expression of ideas, and the inventors and creators of such ideas. A patent provides legal protection for a new invention, an application of a new idea, discovery, or concept that is useful. Copyright provides legal protection from copying for any creative work, as well as business and scientific publications, computer software, and compilations of information. A trademark provides rights to use symbols, particular words, logos, or other markings that indicate the source of a product or service. A further method of benefiting from an invention is simply to keep it secret, rather than to disclose it—a “trade secret.” IP impinges on almost everything scientists do. As scientists are paid to come up with ideas and aspire to patent and/or publish their work, the protection of ideas and of written works especially should be of interest and concern to all.     

Intellectual property strategy in bioinformatics and biochips

Intellectual property rights are essential in today's technology-driven age. A strong intellectual property protection strategy is crucial in the bioinformatics and biochips technology spaces as monetary and temporal resources are tremendous in finding a blockbuster drug or gene therapy, as well as in deploying advanced biosensor and other medical systems. Current problems and intellectual property practice in the genomic space are presented and analyzed. Various strategy and solutions are proposed to guide bioinformatic and biochip companies in forming an aggressive strategy to protect one's intellectual property and competitive positioning.     

Intellectual property protection: Strategies for future antibody inventions

In the last decade, therapeutic antibodies have become one of the most commercially successful classes of biopharmaceutic drugs. Major drug manufacturers who have successfully managed to occupy this new market, as well as biotechnology firms, some of which have experienced a quick growth and are now on par with the former, owe part of their success to suitable intellectual property (IP) strategies. This article provides an overview of the current thinking on antibody-related patents, and discusses strategies for protecting the antibody products of the future.Key words: antibody, mimetics, patent, inventive, intellectual property     

Antibody-drug conjugates: Intellectual property considerations

Antibody-drug conjugates are highly complex entities that combine an antibody, a linker and a toxin. This complexity makes them demanding both technically and from a regulatory point of view, and difficult to deal with in their patent aspects. This article discusses different issues of patent protection and freedom to operate with regard to this promising new class of drugs.     

Antibody-drug conjugates: Intellectual property considerations

Antibody-drug conjugates are highly complex entities that combine an antibody, a linker and a toxin. This complexity makes them demanding both technically and from a regulatory point of view, and difficult to deal with in their patent aspects. This article discusses different issues of patent protection and freedom to operate with regard to this promising new class of drugs.     

Intellectual property issues of immune checkpoint inhibitors

Immune checkpoint inhibitors are drugs that interfere with tumor escape responses. Some members of this class are already approved, and expected to be blockbusters in the future. Many companies have developed patent activities in this field. This article focuses on the patent landscape, and discusses key players and cases related to immune checkpoint inhibitors.     

Intellectual property protection of plant biotechnology inventions

The intellectual property protection of biotechnology-related subject matter is undergoing significant change and several countries have revised their legislation and/or patent practice as a result of challenges from industry and members of the public. Plant-related subject matter can be protected using plant variety protection, utility patents or, in the USA, by plant patent. Although easier to obtain than a utility patent, plant variety protection does not provide the same scope of protection. Protecting a plant using a utility patent is permitted only in countries that allow the patenting of higher life forms and requires a higher degree of experimental support than is required for plant variety protection, although the scope of protection is being steadily reduced.     

Intellectual property, genetically modified crops and bioethics

The implementation of a new technology is almost always surrounded by a debate on the moral and social implications that may arise. The debate with regard to genetically modified (GM) crops has been one of the longest and most controversial. However, one area of the debate that receives less attention is the role that intellectual property can play. The introduction of an effective and yet appropriate intellectual property system addressing society's particular needs can eliminate some of these issues. This paper looks at whether the situation in Europe is meeting our current needs and also addresses the role intellectual property can play in the debate over the introduction of GM crops in developing countries.     

Design and development of portal for biological database in agriculture

The application of novel and modern techniques in genetic engineering and genomics has resulted in information explosion in genomics. Three major genome databases under International Nucleotide Sequence Database collaboration NCBI, DDBJ and EMBL have been providing a convenient platform for submission of sequences which they share among themselves. Many institutes in India under Indian Council of Agricultural Research have scientists working on biotechnology and bioinformatics research. The various studies conducted by them, generate massive data related to biological information of plants, animals, insects, microbes and fisheries. These scientists are dependent on NCBI, EMBL, DDBJ and other portals for their sequence submissions, analysis and other data mining tasks. Due to various limitations imposed on these sites and the poor connectivity problem prevents them to conduct their studies on these open domain databases. The valued information generated by them needs to be shared by the scientific communities to eliminate the duplication of efforts and expedite their knowledge extended towards new findings. A secured common submission portal system with user-friendly interfaces, integrated help and error checking facilities has been developed in such a way that the database at the backend consists of a union of the items available on the above mentioned databases. Standard database management concepts have been employed for their systematic storage management. Extensive hardware resources in the form of high performance computing facility are being installed for deployment of this portal.

Availability

http://cabindb.iasri.res.in:8080/sequence_portal/     

Utilization and conservation of genetic resources: International projects for sustainable agriculture

Foreign assistance helps developing countries to achieve economic growth through wise use of natural resources. Conservation interventions and sustainable use of natural resources play a central role in this development. Conservation and utilization of genetic resources have traditionally proceeded as separate approaches. A conceptual approach to project design is presented encouraging greater interaction between those conserving crop genetic resources and those seeking their economic application in a sound land-use management plan. Projects illustrating this approach are being supported by the Agency for International Development. They suggest a paradigm for research and development allowing interdisciplinary activities targeting sustainable agriculture development.     

有机农业与可持续发展

从国内外有机农业研究与生产发展状况出发,阐述了我国绿色食品研究的目标、生产中坚持的原则;结合国外有机农业和可持续农业的争论,论证了“替代农业”的理论和实践意义．与常规农业高强度农业生产方法相比。有机农业生产方式能够培肥土壤,对环境的影响很小．有机农业为代表的“替代农业”的研究与实践已近一个世纪,我国的绿色食品事业的发展已历时十几年．讨论有机农业“环境友好”和对人体健康为主要宗旨的食品生产方式,以及维持农业系统的可持续性问题,对我国绿色食品产业的发展具有积极的指导作用。     

论农业持续发展中的化感作用

综述了农业生产中的化感作用,建议应合理有效地运用化感作用中的相生相克效应,改进秸秆还田,载培的耕作措施以及杂草和虫害生物防治技术,为我国的农业持续发展提出新的对策。