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 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 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.     

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.     

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.     

Cultural theory and management of common property resources

Cultural theory utilizes concepts drawn from social anthropology, sociology, and organization theory to explain the social and cultural biases of policy actors and interest groups. Certain ideas of nature are associated with each cultural bias; these ideas of nature are in turn associated with types of resource management institutions. By identifying an actor or group's culture bias, analysts can explain the success or failure of different management activities. This paper explains the evolution of cultural theory from its anthropological roots to its applications in ecological management. It then applies cultural theory to a typology of common property resources and illustrates its usefulness by examining grazing subsidies in the American southwest.     

The development of property rights in biotechnology

The translation of biological theory into engineering (biotechnology) has resulted in the development of novel products and processes. Some of these products are living organisms, usually containing unique genetic arrangements not found in nature. The extension of legal protection to products and processes was required in order for biotechnology to become an unexceptional way in which to do business. The American experience with biotechnology, repeated elsewhere, is demonstrated to have proceeded first through the negotiation of obstacles in administrative law and second through challenges to property law. This outcome for the regulatory management of biotechnology and the legal protection of its products may be interpreted as a function of a cultural bias for scientific authority and progress ideology.     

Best practices for the use and exchange of invertebrate biological control genetic resources relevant for food and agriculture

The Nagoya Protocol is a supplementary agreement to the Convention on Biological Diversity that provides a framework for the effective implementation of the fair and equitable sharing of benefits arising out of the utilization of genetic resources, including invertebrate biological control agents. The Protocol came into force on 12 October 2014, and requires signatories and countries acceding to the Protocol to develop a legal framework to ensure access to genetic resources, benefit-sharing and compliance. The biological control community of practice needs to comply with access and benefit sharing regulations arising under the Protocol. The IOBC Global Commission on Biological Control and Access and Benefit Sharing has prepared this best practices guide for the use and exchange of invertebrate biological control genetic resources for the biological control community of practice to demonstrate due diligence in responding to access and benefit sharing requirements, and to reassure the international community that biological control is a very successful and environmentally safe pest management method based on the use of biological diversity. We propose that components of best practice include: collaborations to facilitate information exchange about what invertebrate biological control agents are available and where they may be obtained; knowledge sharing through freely available databases that document successes (and failures); cooperative research to develop capacity in source countries; and transfer of production technology to provide opportunities for small-scale economic activity. We also provide a model concept agreement that can be used for scientific research and non-commercial release into nature where access and benefit sharing regulations exist, and a model policy for provision of invertebrate biological control agents to other parties where access and benefit sharing regulations are not restrictive or do not exist.     

Limb development: an international model for vertebrate pattern formation

Limb development is an excellent model for studying how patterns of differentiated cells and tissues are generated in vertebrate embryos. The cell interactions that mediate patterning have been discovered and, more recently, some of the molecules involved in these interactions have been identified. This has provided a direct link to genetics and thus to genes that cause human congenital limb defects.