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- Nordberg, Ana
(författare)
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Economic Justification of Patents and Exceptions to Patentability
- 2012
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Ingår i: NIR: Nordiskt immateriellt rättsskydd. - 0027-6723. ; 3:2012, s. 316-329
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Tidskriftsartikel (refereegranskat)abstract
- The present article is the conclusion of a review of economic justifications for patent rights conducted with the objective of determining whether such arguments are per se capable of sustaining the existence of a different patentability regime for inventions of methods for treatment and diagnostic methods (art.53 (c) European Patent Convention). It starts by exploring the normative background and summarily describes the different types of claims allowed under the current legal framework and their differences. The following sections will describe and apply the main economic arguments sustaining patent rights inventions of methods for treatment and diagnostic methods. These reasoning will be later confronted with contra-arguments. This piece will finalize with the formulation of conclusions extracted from the previous debate, inter-alia that economic reasoning does not per se sustain the existence of the so-called 'medical exception' in European patent law.
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| 4. |
- Nordberg, Ana
(författare)
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Nanotechnology, Human Rights, Patent law and the Global South: a brief overview
- 2013
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Ingår i: New Technologies and Human Rights : Challenges to Regulation - Challenges to Regulation. - 9781409442165 ; , s. 313-332
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- Starting from a Global South perspective, this chapter presents a brief overview of the potential of nanotechnology to serve either as vehicle for broader attainability of human rights or to undermine current efforts. Particular attention is drawn to the complex interconnected issues of ensuring even access to the benefits of technological development and the need to maintain adequate levels of economic incentive to innovation. The present chapter begins with a short characterization of nanotechnology followed by the description of the current key fields of scientific research, state of the art and expectations for the future. The second part explores the social and economic relevance of nanotechnology and its implication for the Global South. In the third part, social, ethical and legal aspects of nanotechnology are framed in terms of human rights issues. The fourth part devotes closer attention to an analysis of the current patent rules intended to safe keep accessibility while confronted with the new challenges brought by nanotechnology inventions. Throughout this chapter, it will be sustained that nanotechnology poses normative challenges implying the need to re-evaluate the functioning of exclusions, exceptions and limitations to patent rights as mechanisms for safekeeping accessibility.
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