Current Law Journal Content
Washington & Lee Law School
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  Bio-Science Law Review   (United Kingdom)
  Volume 5, Issue 6, 2001/2002
  homepage                   other issues
 
  • EDITORIAL: EUROPEAN PATENTS BREAK FREE: COMMUNITY PATENT BECOMES A REALITY
        Nigel Jones
        p.183                                                                                      +cite        
        The Council of Europe made a breakthrough in March 2003 in making a single Community Patent system a reality. This article explains the background to the proposed new system, summarises the 30-year history of debates on this topic, and considers some of the practical implications for the users of the European patent system.
  • THE BIOLOGICAL AND TOX WEAPONS CONVENTION: THE VERIFICATION PROTOCOL THAT FAILED
        Gavin Cree
        p.190                                                                                      +cite        
        It is unusual for negotiations on international agreements to fail at a late stage, but this is what happened with the protocol to verify the Biological and Toxin Weapons Convention. The background to the negotiations is described, and the reasons for the rejection of the draft text by the USA are discussed.
  • GENENTECH AND THE STOLEN GENE: PATENT LAW, AND PIONEER INVENTIONS
        Matthew Rimmer
        p.196                                                                                      +cite        
        This paper evaluates the litigation over the biotechnology patent dispute between the University of California and Genentech. First it outlines the scientific work behind the cloning of the human growth hormone, and looks at the patent office, and its treatment of biotechnological inventions. Second, it considers the legal dispute between the University of California and Genentech over patent ownership and infringement in respect of pioneer inventions. Finally it considers the implications of this dispute for policy reform - in particular in relation to gene patents and research tools, the application of utility guidelines, and intellectual property management.
  • CASE COMMENTARY: GLAXO AND OTHERS v. DOWELHURST AND SWINGWARD
        Anna Carboni and Jane Cornwell
        p.210                                                                                      +cite        
        Laddie J implements the ECJ's latest decision on the parallel importation of repackaged and relabelled pharmaceutical goods. Laddie J's second judgment in Glaxo v. Dowelhurst, handed down on 6 February 2003, implements last year's decision of the ECJ on a number of questions relating to the parallel importation of pharmaceutical goods within the EEA, which were referred to the Court by Laddie J following his first judgment in the Glaxo v. Dowelhurst proceedings. Laddie J's second judgment provides a useful illustration of how certain issues held by the ECJ to be questions of fact to be determined by the national courts of the EU Member States are likely to be dealt with by the English courts.