A proposal for a clean technology directive: European patent law and climate change

This article charts the conflicted, dissonant policies of the European Union towards intellectual property and climate change. It contends that there is a mismatch between the empirical work of the European Patent Office and the quietist policy options contemplated by the European Union. This article contends that the European Union needs to develop a Clean Technology Directive to allow for a differentiated approach to patent law and clean technologies - especially given the past complicity of the European Union in global warming and climate change. It highlights essential elements in a comprehensive policy package for the reform of patent law - considering patentable subject matter; patent incentives; and patent exceptions.

South European welfare regime model and the turkish case

The rise of neoliberalism and the experience of several economic crises throughout 1960’s and 70’s have opened the way to question the ability of welfare state to satisfy the basic needs of the societies. Therefore the term “welfare state” left its place to “welfare regime” in which the responsibilities for the well being of the societies are distributed among state, market and families. Following the introduction of this new term, several typologies of welfare regimes are started to be discussed. Esping-Andersen’s (1990) regime typology is considered to be one of the most significant one which covers most of the European countries. On the other hand, it has also led to criticisms for being lack of several aspects. One of them was done by Ferrera (1996), Moreno (2001), Boboli (1997) and Liebfreid (1992), which discusses that the grouping of Mediterranean countries of Europe -Greece, Italy, Spain and Portugal- within the conservative regime type. Those authors affirm that Southern European countries have their peculiar features in terms of structure of welfare provision and they form a fourth type which may be called "Mediterranean/ Southern European Regime". At this point, this doctoral thesis carries the discussion one step further and covers a profound research to answer some fundamental questions. Chiefly, clarifying whether it is possible to talk about a coherent grouping between the Mediterranean countries of Southern Europe in terms of their welfare regimes is our first objective. Then by assuming that it has an affirmative response, it is aimed to reflect the characteristics of this grouping. On the other hand, those group features are not static in time and they are sensible to various economic changes...

Patentability and Scope of Protection for DNA Sequence

Since the mapping of the human genome and the technical innovations in the field of biotechnology, patent law has gone through great controversies. Protection is required for an investor to make an investment but how broad should the given protection be? Whether the invention is a mi- cro-organism capable of dissolving crude oil, or the gene of a soya plant, the genetic engineering required for their production entails vast amounts of capi- tal. The policy in that respect is tailored by legislative acts and judicial decisions, ensuring a fair balance be- tween the interests of patent right holders and third parties. However, the policy differs from jurisdiction to jurisdiction, thus creating inconsistencies with re- gards to the given protection to the same invention, and as a result this could deter innovation and pro- mote stagnation. The most active actors shaping the patent policy on an international level are the patent offices of the United States of America, Japan and the European Patent Organization. These three patent offices have set up a cooperation programme in order to promote and improve efficiency with regards to their patent policies on a global scale. However, recent judicial de- velopments have shown that the policy in respect to the field of biotechnology differs between the patent regimes of the United States of America and the two- layer system of the European Patent Organisation/ the European Union.

The attack of the clones: Patent law and stem cell research

This article considers the integral role played by patent law in respect of stem cell research. It highlights concerns about commercialization, access to essential medicines and bioethics. The article maintains that there is a fundamental ambiguity in the Patents Act 1990 (Cth) as to whether stem cell research is patentable subject matter. There is a need to revise the legislation in light of the establishment of the National Stem Cell Centre and the passing of the Research Involving Embryos Act 2002 (Cth). The article raises concerns about the strong patent protection secured by the Wisconsin Alumni Research Foundation and Geron Corporation in respect of stem cell research in the United States. It contends that a number of legal reforms could safeguard access to stem cell lines, and resulting drugs and therapies. Finally, this article explores how ethical concerns are addressed within the framework of the European Biotechnology Directive. It examines the decision of the European Patent Office in relation to the so-called Edinburgh patent, and the inquiry of the European Group on Ethics in Science and New Technologies into The Ethical Aspects of Patenting Involving Human Stem Cells.

From polarization to convergence: need to mend the broken patent system

For more than two hundred years, the world has discussed the issue of whether to continue the process of patenting or whether to do away with it. Developed countries remain polarized for various reasons but nevertheless the pro patent regime continued. The result was a huge volume of patents. The present article explains the implications of excessive volume of patents and conditions under which prior art search fails. This article highlights the importance and necessity of standardization efforts so as to bring about convergence of views on patenting.