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Biotech Innovations and Fundamental Rights
- 2012
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Samlingsverk (redaktörskap) (refereegranskat)abstract
- Biotechnology is a recognized research area that has increasingly advanced into new technologies and modern practices raising several legal, ethical and regulatory issues. The revolutionary speed of biotech innovations has had a significant impact on the protection of the rights of the individual. Fundamental rights provide a framework within which the justification of limitations and restrictions to biotechnology innovations and research results have to be assessed. The legal regulation of scientific research and scientific investigations impact more and more directly on the freedom of research and therapies as well as on the broad diffusion of knowledge. Closely related is also the debated question of the technological manipulation of life and the boundary of scientific knowledge with regard to the topical question of genetic invention patents and their side effects on access to scientific information and health care opportunities.Drawing on expertise from different disciplines, the volume comprises invited papers and plenary presentations given at the conference entitled “Biotech Innovations & Fundamental Rights” that took place on Januray 20-21 2011 at the Department of Juridical Sciences of the University of Ferrara. Each contribution covers a different aspect of the legal and scientific issues involved in regulation of biotechnology. In particular the focus of attention has been given to genetic research, genetic data, freedom of scientific research in genetics and biotech patents
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| 2. |
- Bonadio, Enrico, et al.
(författare)
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How Far Can Copyright Be Stretched? Framing the Debate on Whether New and Different Forms of Creativity Can Be Protected
- 2019
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Ingår i: Intellectual Property Quarterly. - : Sweet & Maxwell. - 1364-906X. ; :2, s. 115-135
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Tidskriftsartikel (refereegranskat)abstract
- This article expands on whether copyright protection may be available for certain new and non-conventional works as diverse as graffiti, sports movements, DJ sets, culinary presentations, jokes, magic tricks, works created by artificial intelligence and engineered DNA. The potential expansion of copyright in a knowledge-based society is a relevant and topical subject at the moment also in light of the current scholarly and policy debates on the modernisation of copyright rules in many countries, including the EU and US. The issue of whether copyright can protect certain new and non-traditional products of human ingenuity is here addressed by carrying out a specific-work-related analysis of core tenets of copyright laws, including copyrightable subject-matter, originality, fixation and authorship requirements, the functionality exception as well as morality and public policy provisions.
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| 3. |
- Lucchi, Nicola, 1971-
(författare)
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Academic mobility: how to return at the starting point
- 2013
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Konferensbidrag (populärvet., debatt m.m.)abstract
- Voice of the Researchers Conference “Raising Researchers' Voices-opinions on jobs, careers and rights” is a 2 - day meeting for researchers to debate and talkabout issues affecting modern research, research careers, mobility, funding and policy in the European research Area (ERA). It will draw researchers from the fields of science, the arts and humanities to Brussels. It will aim to be a two day interactive discussions, social media will play a large role in the event which will also include a live 'Science Slam' and 'Elevator Pitch'.
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| 7. |
- Lucchi, Nicola, 1971-
(författare)
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Challenges and Opportunities at the Interface of Synthetic Biology, Microbiology and Intellectual Property Rights
- 2018
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Ingår i: Intellectual Property Issues in Microbiology. - Singapore : Springer Nature. - 9781780646534
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Bokkapitel (refereegranskat)abstract
- During the last decade, the genomics revolution has created powerful instruments for genetic manipulation of living organisms. In addition, new biotechnological tools allow to modify organisms in order to perform specific tasks. In particular, synthetic biology is an emerging trans-disciplinary field that uses engineering principles to design and assemble novel biological components. For example, within the area of industrial microbiology, synthetic biology has contributed to build from scratch or re-engineer new microorganisms or chemical compounds. However, all these scientific and biotechnological innovations present a substantial challenge also for the law and especially for intellectual property rights. Considering this multifaceted scenario, this chapter discuss the current challenges and opportunities at the intersection of synthetic biology, microbiology and intellectual property also proposing alternative form of protection for genetically engineered works created by using synthetic biology.
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| 8. |
- Lucchi, Nicola, 1971-, et al.
(författare)
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Copyright and New Forms of Creativity
- 2018
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Konferensbidrag (refereegranskat)abstract
- The proposed investigation aims to draw a picture of current possible new spaces for copyright protection.The presentation will, in particular, expand on whether modern copyright law should be more flexible as to whether new and unconventional works - including graffiti, tattoos, body painting, culinary works, sport movements, yoga, jokes, magic tricks, dj-sets, perfume making, engineered DNA sequences, typefaces, illegal and immoral works - deserve protection. This could be secured, for example, by interpreting the rules on protectable subject matter more broadly as well as relaxing the requirements to obtain protection.The first copyright statutes granted protection only to a very few works such as books, charts and maps. In several jurisdictions, for example UK, the belief has for long been shared that just selected and closed categories of artistic and creative endeavours deserve to be protected by this intellectual property right. Yet, such belief has subsequently proved anachronistic, also as a consequence of technological progress. Indeed, the subject matter protected by copyright laws has progressively expanded over the years, covering inter alia photographs, phonographs, works of applied art, films and broadcasts, computer programs and databases: this has taken place not only in jurisdictions having an “open-ended list” of authors’ rights subject matter (such as France, Germany and Netherlands), but also in countries with “closed lists”.The progressive expansion of copyrightable subject matter has not stopped. Authors and creative people are indeed continually finding new ways of expressing themselves, being often difficult to foresee the forms that these new expressive methods will take. And the way the traditional, exhaustive and privileged classification of copyrightable works have been defined (as well as the narrow way “open-ended lists” have often been interpreted by courts) has still little to do with how several contemporary artists, practitioners of new forms of art and entertainment and even commercial enterprises nowadays define their own practice and activity. Therefore, rigid classifications as well as judicial “restrictions” of copyrightable subject matter may (again) become anachronistic as an increasing number of creative human endeavours may produce results which arguably do not fall within any of the enumerated (or judicially identified) categories of protectable works, but that are nevertheless the result of intellectual efforts.The presentation will focus on those forms of expression (see the list above) which have recently attracted attention amongst copyright scholars. In particular, the subjects have been selected with the mere purpose of identifying trends and highlighting possible commonalities and differences in the progressive expansion of the protectable subject matter. In particular, we have selected just those topics that have had or may have jurisprudential impact or have contributed to policy changes at the national level.
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| 9. |
- Lucchi, Nicola, 1971-, et al.
(författare)
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Copyright and Pornography
- 2018
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Ingår i: Non-Conventional Copyright: Do New and Non-Traditional Works Deserve Protection?. - : Edward Elgar Publishing. - 9781786434067 ; , s. 418-431
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Bokkapitel (refereegranskat)abstract
- The chapter explores whether pornographic works – intended as creative works consisting of the depiction of women and/or men as sexual beings – can be protected by copyright. After commenting on cases from various jurisdictions including US, UK and France, the authors discuss the critical arguments made both in support and against copyright protection for this controversial subject matter (which is considered by many as morally unacceptable). The chapter concludes that the overriding need to protect free speech makes the argument supporting the copyrightability of this category of works more persuasive and convincing.
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| 10. |
- Lucchi, Nicola, 1971-
(författare)
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Copyrightability of Engineered DNA Sequences
- 2018
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Ingår i: Non- Conventional Copyright: Do New and Non-Traditional Works Deserve Protection?. - : Edward Elgar Publishing. - 9781786434067 ; , s. 367-381
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Bokkapitel (refereegranskat)abstract
- The chapter focus on copyright as a possible an additional form of intellectual property protection for engineered DNA sequences. Considering the evolving conception of copyright subject matter, the current narrowed patent-eligible protection over living organisms and the advance of emerging technosciences like synthetic biology, the chapter looks with a renewed interest to copyright law as an additional potential form of protection for engineered biological creations. In particular, the contribution of this chapter is to reveal that copyright seems not only flexible enough to handle contemporary technologies producing living organisms, but also socially preferable to patent protection for accessing and using essential public knowledge assets in the life sciences.
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