Patents and Haploid Plants

One of the important themes in any discussion concerning the application of haploids in agricultural biotechnology or elsewhere is the role of Intellectual Property Rights (IPR). This term covers both the content of patents and the confidential expertise, usually related to methodology and referred to as "Trade Secrets". This review will explain the concepts behind patent protection, and will use the international patent databases to analyse the content of these patents and trends over the last 20 years. This analysis from regions including North America, Europe, and Asia reveals a total of more than 30 granted patents and a larger number of applications. The first of these patents dates from 1986, and although the peak of activity was in the late 1990s, there has been continuous interest to the present day. The subject matter of these patents and applications covers methods for anther and pollen culture, ovule culture, the use of specific haploid-inducing genes, the use of haploids as transformation targets, and the exploitation of genes that regulate embryo development. The species mentioned include cereals, vegetables, flowers, spices and trees.

Patents and transgenic plants

One of the recurring themes in any discussion concerning the application of genetic transformation technology is the role of Intellectual Property Rights (IPR). This term covers both the content of patents and the confidential expertise, usually related to methodology and referred to as “Trade Secrets”. This review will explain the concepts behind patent protection, and will discuss the wide-ranging scope of existing patents that cover all aspects of transgenic technology, from selectable markers and novel promoters to methods of gene introduction. Although few of these patents have any significant commercial value, there are a small number of key patents that may restrict the “freedom to operate” of any company seeking to exploit the methods. Over the last twenty years, these restrictions have forced extensive cross-licensing between ag-biotech companies and have been one of the driving forces behind the consolidation of these companies. Although such issues are often considered to be of little interest to the academic scientist working in the public sector, they are of great importance in any debate about the role of “public-good breeding” and of the relationship between the public and private sectors.

Patents for plants: context and current status

One of the important themes in any discussion concerning the application of genetic transformation technology in horticulture or elsewhere is the role of Intellectual Property Rights (IPR). This term covers both the content of patents and the confidential expertise, usually related to methodology and referred to as “Trade Secrets”. This review will explain the concepts behind patent protection, and will discuss the wide-ranging scope of existing patents that cover novel genotypes of plants as well as all aspects of transgenic technology, from selectable markers and novel promoters to methods of gene introduction. Although few of these patents have any significant commercial value there are a small number of key patents that may restrict the “freedom to operate” of any company seeking to exploit the methods in the production of transgenic varieties. Over the last twenty years, these restrictions have forced extensive cross-licensing between ag-biotech companies and have been one of the driving forces behind the consolidation of these companies. Although such issues may have limited relevance in the horticultural sector, and are often considered to be of little interest to the academic scientist working in the public sector, they are of great importance in any debate about the role of “public-good breeding” and of the relationship between the public and private sectors.

Reworking the NAFTA: departures from traditional frameworks

This paper reviews the treatment of intellectual property rights in the North American Free Trade Agreement (NAFTA) and considers the welfare-theoretic bases for innovation transfer between member and nonmember states. Specifically, we consider the effects of new technology development from within the union and question whether it is efficient (in a welfare sense) to transfer that new technology to nonmember states. When the new technology contains stochastic components, the important issue of information exchange arises and we consider this question in a simple oligopoly model with Bayesian updating. In this context, it is natural to ask the optimal price at which such information should be transferred. Some simple, natural conjugate examples are used to motivate the key parameters upon which the answer is dependent

Search engine liability for autocomplete suggestions: personality, privacy and the power of the algorithm

This article is concerned with the liability of search engines for algorithmically produced search suggestions, such as through Google’s ‘autocomplete’ function. Liability in this context may arise when automatically generated associations have an offensive or defamatory meaning, or may even induce infringement of intellectual property rights. The increasing number of cases that have been brought before courts all over the world puts forward questions on the conflict of fundamental freedoms of speech and access to information on the one hand, and personality rights of individuals— under a broader right of informational self-determination—on the other. In the light of the recent judgment of the Court of Justice of the European Union (EU) in Google Spain v AEPD, this article concludes that many requests for removal of suggestions including private individuals’ information will be successful on the basis of EU data protection law, even absent prejudice to the person concerned.

Some losses brought out by the WTO agreement for TRIPs

The WTO established two rules concerning the international protection of the TRIPs - trade related intellectual property rights, which includes patents and copyrights. One of these rules is the non-discrimination, which has shown to be efficiency-enhancing in the context of trade tariff reductions. The other is the national-treatment commitment rule. We develop in this paper a simple framework to show that the extended version of this rule - which is nowadays being imposed to members - brings out a loss of economic efficiency and a reduction in the levels of protection of intellectual property rights worldwide. As a consequence, it tends to reduce the investments on Research and Development throughout the world. This exactly contradicts the objectives of the Agreement.

A licitude do consentimento tácito na prática de importação paralela: como os tribunais brasileiros vêm decidindo esta questão

Considerando o contexto atual de globalização e expansão do comércio internacional, a Importação Paralela tem sido um grande desafio para os doutrinadores e tribunais de todo o mundo. No presente trabalho é possível observar como a prática de Importação Paralela vem interferindo e gerando conflitos nas relações comerciais entre os titulares do direito marcário, seus licenciados e os terceiros importadores, aprofundando a análise na exaustão dos direitos de Propriedade Intelectual adotado no Brasil. A complexidade do tema está intimamente ligada à questão do consentimento do titular da marca neste tipo de relação. Dessa forma, este trabalho tem como principal objetivo analisar como os tribunais vêm interpretando o art. 132, inciso III da Lei 9.279/96 e associando a licitude da prática de Importação Paralela com o consentimento tácito ou expresso.

Novo sistema de aplicação de drogas em cirurgias oftalmológicas

The topical corneal application of antimitotic mitomycin-C (MMC) during refractive surgery is still characterized by a lack of standardization and considerable empirism. For this reason the creation of a system capable of reliable drug delivery represents a beneficial innovation for patients submitted to these procedures. Objective: Elaborate a new MMC delivery system during the transoperatory period of photorefractive keratectomy (PRK) followed by patent application. Methods: The project consists of an in vitro experimental study to create an MMC (0.02%) release system. The drug was impregnated in sterile Whatman® 41 paper filter discs with a diameter of 8 mm. After drying, the discs were applied to antibiogram plates seeded with Staphylococcus epidermidis (American Type Culture Collection ATCC 12228), followed by the addition of a drop of sterile water. At the end of 1 minute, the discs were removed and the plates incubated for 48 hours at 35oC. Mean drop volume in the collyrium flasks was measured using analytical balance weighing. The inhibition halo (mm) was correlated with the MMC impregnated into the disc. After completion of the invention design a patent application was lodged at the National Institute of Industrial Property. Results: The correspondence between MMC-produced inhibition halos indicated that a dose of 16μg was ideal for impregnating into the discs. The mean drop volume obtained from the collyrium flasks was 37.7 μL. A minute after the application of one drop of balanced saline solution, the system released an adequate concentration for PRK surgery. Conclusion: A new MMC delivery system was created for transoperatory application in photorefractive keratectomy (PRK). Publication of the patent application (number PI 0704739-8) gives the authors exclusive intellectual property rights. The study was sponsored by Ophthalmos Indústria e Comércio de Produtos Farmacêuticos S.A. (São Paulo-SP, Brazil) and received the indispensable scientific contribution of researchers from the fields of Pharmacy, Medicine, Biology, Statistics and Law, characterizing the work as multidisciplinary, in accordance with norms established by the Postgraduate Health Sciences Program of the Federal University of Rio Grande do Norte (UFRN)

Arquitetura da informação no ambiente digital: avaliando as relações com o direito da propriedade intelectual

Investigates the relationship between Information Architecture in digital environments with Intellectual Property Rights. The work is justified by the need to better understand the emerging dynamics of Digital Information and Communication Law Technologies and Intellectual Property Rights. Three areas of knowledge are directly related to the study: Information Science, Law and Computer Science. The methodology used in the investigative process is aligned with the qualitative approach. With respect to the technical procedures the research is classified as bibliographic or secondary sources. The results showed that the current Brazilian legislation does not provide the adequate mechanisms necessary to protect the intellectual property rights associated to an Information Architecture project to its holders.

The WIPO development agenda and the contribution of the international library community

Purpose - The purpose of this paper is to analyze the international strengthening of copyright law in developing countries and the active involvement of the international library community in the movement against it.Design/methodology/approach - The paper describes the overprotection of intellectual property rights through international and bilateral treaties, the reaction against such through the proposal of a WIPO development agenda, and the contribution of the international library organizations to the debates and discussions in the WIPO arena.Findings - The initiative for a development agenda for WIPO has proven much more successful than many had imagined, even its promoters. The most relevant proposals made by the international library community were included in the final list of approved recommendations.Originality/value - The paper raises awareness of the relationship between copyright and access to knowledge and, in consequence, the need for library organizations to exert influence in such legislation.

América Latina y el Caribe: la propiedad intelectual después de los tratados de libre comercio

Incluye Bibliografía

Trade and the environment in the context of the World Trade Organization

Includes bibliography

Latin American South-South integration and cooperation: from a regional public goods perspective

Includes bibliography

Policy competition for foreign direct investment in the Caribbean Basin: Costa Rica, the Dominican Republic and Jamaica

Includes bibliography

Tratados de libre comercio, derechos de propiedad intelectual y brecha de desarrollo: dimensiones de política desde una perspectiva latinoamericana

Incluye Bibliografía