Are European patents obstacles to Swedish cancer research?
Author
Editor
- Susanne Lundin
- Lynn Åkesson
Summary, in English
Professor Håkan Olsson, Lund has addressed the problems caused by patenting in the field of biotechnology. His article was triggered by patent protection acquired by the American company Myriad Genetics. According to HO, Myriad requires that analyses of blood to trace the occurrence of these genes should be carried out in the company’s American laboratories, at a significant cost. Profit is infringing on the freedom of academic research and HO therefore asks:
• Is it reasonable to patent “inventions” in gene technology?
• Can patent protection be allowed to impede urgent, serious and non-commercial research?
• Can patent protection be circumvented by coercive measures?
• Should patentees be able to monopolize analytical work in medical care?
In this article I examine the system from a legal perspective. Are there solutions to the problems encountered by a researching physician, or must the rules be changed?
• Is it reasonable to patent “inventions” in gene technology?
• Can patent protection be allowed to impede urgent, serious and non-commercial research?
• Can patent protection be circumvented by coercive measures?
• Should patentees be able to monopolize analytical work in medical care?
In this article I examine the system from a legal perspective. Are there solutions to the problems encountered by a researching physician, or must the rules be changed?
Department/s
Publishing year
2002
Language
English
Pages
52-71
Publication/Series
Gene technology and economy
Full text
Document type
Book chapter
Publisher
Nordic Academic Press
Topic
- Law
Keywords
- civilrätt: immaterialrätt
- private law: intellectual property law
- biotechnology
- patenting
- research exemption.
Status
Published
ISBN/ISSN/Other
- ISBN: 9189116259