Parts property rights

In Body Parts, E. Richard Gold examines whether the body and materials derived from it―such as human organs and DNA―should be thought of as market commodities and subject to property law. Analyzing a series of court decisions concerning property rights, Gold explores whether the language and assumptions of property law can help society determine who has rights to human biological materials. Gold observes that the commercial opportunities unleashed by advances in biotechnology present a challenge to the ways that society has traditionally valued the human body and human health. In a balanced discussion of both commercial and individual perspectives, Gold asserts the need to understand human biological materials within the context of human values, rather than economic interests. This perceptive book will be welcomed by scholars and other professionals engaged in questions regarding bioethics, applied ethics, the philosophy of value, and property and intellectual property rights. Given the international aspects of both intellectual property law and biotechnology, this book will be of interest throughout the world and especially valuable in common-law (most English-speaking) countries.

Although it is common knowledge that the compliance of developing countries with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has become a serious stumbling block in the WTO agenda, the underlying reasons why this is so have not been dispassionately analyzed until the appearance of this book. Here, for the first time, is a thorough and secure foundation on which international trade lawyers and business people can build a global intellectual property regime that is both productive and fair. The implementation of the TRIPS regime with its enormous effect on national and global strategies for healthcare, agriculture, and the environment, among other crucial sectors of the world economy is clearly among the most critical projects currently under way in the field of international relations. As a former TRIPS negotiator for India, Jayashree Watal brings great authority to her account of the benefits and pitfalls of TRIPS compliance for developing countries. She provides a detailed understanding of how TRIPS was negotiated at the Uruguay Round, how various countries have implemented it so far, and how the WTO monitors compliance. She reveals how the WTO dispute settlement process has worked to date in matters involving TRIPS, and how it is likely to deal with new issues that arise. Most importantly, she explains how developing countries can interpret TRIPS to their best advantage, and how to ensure that the `constructive ambiguity' that characterizes the agreement remains flexible.

Intellectual Property Law in The Netherlands deals with IP rights, unfair competition law, internet-related aspects, and procedural law aspects. Since Dutch IP law is of an increasingly European character, the relevant EC law aspects and the decisions of the European Court of Justice are also discussed. Intellectual Property Law covers an area that is practised in several law firms in The Netherlands. There are only a few, however, that provide the in-depth expertise that meets the degree of sophistication demanded by the international business community. Allen & Overy is unanimously recognized as one of the few belonging to the first tier of leading IP firms. The Amsterdam IP practice group closely co-operates with the IP departments of Allen & Overy in other countries, and Allen & Overy's cross-border CMT Group (Communications, Media, and Technology).

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In recent times, commercial activities of companies exercising market power through their intellectual property rights have increasingly come under the scrutiny of the EU competition authorities. Intellectual Property and Competition Law: New Frontiers looks at how the leveraging strategies of Microsoft, the patent enhancement strategies of Astra Zeneca and Rambus, and the reverse payment settlements in the pharmaceutical sector have all attracted competition intervention, and how the courts have been forced to decide whether intellectual property issues are the primary subject matter of the case, or peripheral to that. Drawing on these judgments, and others, this timely book brings together leading figures from practice and from academia who examine the increasingly complex and often strained relationship between intellectual property and competition law. Focusing primarily on EU law, but with valuable insight into US law, they highlight areas where new frontiers are emerging in the interface between the two, including; refusal to grant access to trade secrets; the new product test in consumer welfare; competition law in the pharmaceutical sector; standard setting; and FRAND (Fair, Reasonable and Non-Discriminatory terms) commitments. The book also considers the way in which the Commission's proposed changes to the application of Article 102 EC may impact on the protection of intellectual property rights. In the post-Microsoft litigation era, this timely book captures the range of current thinking on the subject. The impressive list of contributors brings together leading figures from academia and practice, from intellectual property and competition law, and from law and economics, offering unrivalled expert analysis of this complex area.