Current Law Journal Content
Washington & Lee Law School
Current Law Journal Content
an index to legal periodicals
Bio-Science Law Review
Volume 6, Issue 2, 2003/2004
REGULATION OF HUMAN EMBRYONIC STEM CELL RESEARCH: A COMPARATIVE REVIEW
Helen Cline and Anoushka Myers
There is much division between countries when it comes to the imposition and nature of a legal and regulatory framework for ES cell research and cloning. This article looks at the positions taken by the United Kingdom, the United States and the Member States of the European Union. It concludes that the UK's experience is an example of how open dialogue, and effective, credible and responsible policies and transparent regulation of ES cells and embryo research generally, have helped to build public trust.
NEW EC TECHNOLOGY LICENSING RULES
Peter Willis and Diane Jackson
The European Commission's proposals for technology licensing rules, due to take effect in May 2004, will for the first time provide a safe harbour for software licensing and design right licences, as well as a more flexible approach to patent and know-how licensing. This article summarises the aims of the new proposals and key changes from the current regime. It incorporates comments by the Competition Commissioner that indicate the contents of revised drafts.
PITFALLS IN DRAFTING ROYALTY PROVISIONS IN PATENT LICENCES
The business of biotech companies can be damaged badly by royalty disputes. This article considers a number of provisions commonly found in licensing agreements, and examines ways in which licensors can seek to avoid future disputes with their licensees by careful drafting in relation to such provisions.
HOW SRI LANKA PROTECTS BREEDERS' AND FARMERS' RIGHTS AND ACCESS TO GENETIC RESOURCES THROUGH THE IMPLEMENTATION OF TRIPS AND THE CBD
Sri Lanka was one of the earliest countries to sign and ratify the WTO, the TRIPS Agreement, and the CBD. As a signatory to these agreements, Sri Lanka is obliged to provide effective legal mechanisms for both access to genetic resources and benefit sharing, as well as intellectual property protection of the country's plant biodiversity. However, the concern remains as to which type of protection should be introduced into Sri Lankan law. In particular, a significant challenge for Sri Lanka involves the successful implementation of a national framework which facilitates the objectives of the CBD and the requirements of the TRIPS.
A PLANT NAMED JUSTICIA: TRADITIONAL KNOWLEDGE AND THE PATENT SYSTEM
Justicia Gendarussa, known in Indonesia as Besi-besi, has been used there in traditional medicine for stomach ache. Meanwhile Salacia reticulata has been traditionally utilised in India and in Sri Lanka in the treatment of diabetes. This plant has spurred a keen interest in developed countries, in particular in Japan, where numerous patent applications were filed. This article addresses the issues of patenting traditional knowledge raised by the cases of both plants.