Current Law Journal Content
Washington & Lee Law School
Current Law Journal Content
an index to legal periodicals
Bio-Science Law Review
Volume 7, Issue 6, 2004/2005
DISCLOSURE AND ENABLEMENT: DON'T MIX THE STREAM! SYNTHON BV v SMITHKLINE BEECHAM PLC
JONATHAN BALL, MARCO STEIF AND BAS BERGHUIS VAN WOORTMAN
The recent decision of the House of Lords in the case of Synthon BV ("Synthon") v Smithkline Beecham plc ("SB") has provided some welcome clarification for practitioners when assessing whether a patent should be invalidated for lack of novelty on the basis of prior art. The case concerned whether Synthon's patent application disclosing Paroxetine Methanesulfonate ("PMS") provided an enabling prior disclosure of SB's later filed patent application that claimed PMS. The Lords' judgment clearly sets out the law applicable to enabling disclosure. It emphasises that the two concepts of disclosure and enablement must be kept destinct, that each has its own rules and that each must be satisfied by the prior art.
THE REGULATION OF GENETICALLY MODIFIED FOOD AND FEED IN THE COMMUNITY: A REVIEW
The regulatory framework in respect of Genetically Modified Organisms (GΜΟ) within the Community is complex and to appreciate it fully requires an understanding of numerous recent Regulations. In this article (the second in a series of three) the regulatory framework in respect of GM food and GM feed under Regulation (EC) 1829/2003 is analysed and considered in the context of various other Community legislation governing GMO, in particular the deliberate release Directive 2001/18/EC, and regulatory bodies, such as the Standing Committee on the Food Chain and Animal Health. The labelling requirements for GM food and feed are also discussed, where these go beyond those obligated for GM products in general under Regulations (EC) 1830/2003 (see "Would you know your GMO? An assessment of Regulations 1830/2003, 65/2004 and GMO Unique Identifiers", [2004/2005] 3 B.S.L.R., 113-117).
LIFE SCIENCE AND BIOTECHNOLOGY IN CHINA
With the rapid advances in life science and biotechnology in China in recent years, much has been achieved by scientists, including super hybrid rice and cloned rat. Some of these findings have been published in international peer-reviewed journals and have been the subject of domestic and international patent applications. In the meantime, China is facing unprecedented issues and challenges arising from new biotechnologies, such as biosafety, bioethics and intellectual property rights protection. However, with government support there has been much progress in the development of life science and biotechnology.
'TERMINATOR TECHNOLOGY' - A TECHNOLOGY FIX FOR AN IP PROBLEM?
Permitting the saving by farmers of harvested seed for future plantings was a price which seed companies paid for the right of securing protection for new plant varieties. This practice has an obvious impact upon the sale of seed. One response by seed developers has been to secure patent protection for new varieties, as patent laws do not except seed-saving from infringement. A technological response to the seed-saving problem is the genetic modification of crops so that after germination, they would produce sterile seed. This "Genetic Use Restriction Technology" (GURT) or "Terminator Technology" has been the subject of a number of patent applications. This paper examines the patent history of the technology and the arguments which have been made for and against the technology. NGO agitation against the technology is surveyed, together with the international debate.
AUSTRALIA - Agriculture and Food Policy - UNITED KINGDOM OFT - generic drugs - Gowers Review of intellectual Property - EUROPEAN PATENT OFFICE - Patents - Medical Use Claims Τ1020/03 Genentech - Patents - refusal of patent claims directed at gene disrupted transgenic mouse
BIOTECHNOLOGICAL INVENTIONS - MORAL RESTRAINTS AND PATENT LAW, OLIVER MILLS