Current Law Journal Content
Washington & Lee Law School
Current Law Journal Content
an index to legal periodicals
Bio-Science Law Review
Volume 7, Issue 4, 2004/2005
STEM CELLS AND PATENTING AND RELATED REGULATORY ISSUES: A UNITED STATES PERSPECTIVE
RAYMOND R. MANDRA, ALICIA A. RUSSO
In this further article in our series on the patentability of stem cell and related regulatory issues, Raymond Mandra and Alicia Russo, examine the current position in United States on Patentability of Stem Cell related intellectual property, the regulation of Human Embryo Cell research and outline the current position of state regulations on stem cell research.
SYFAIT v GLAXOSMITHKLINE: RESTRICTIONS ON PARALLEL TRADE WITH THE EU
The EC Treaty had at its heart a desire to create a free trading Community of Member States, and its articles provide the frame work to achieve that aim. In Article 82 the Community intends to prevent abuse of a dominant position, and it would be understandable that a sole manufacturer of a product, who refused to supply that product, would be considered to be abusing their dominant position. However, where the action of the manufacturer in restricting supply is aimed at countering State interference which is distorting the market place, it can equally be understood why Article 82 might be considered unfair. Now in Syfaít the A-G has suggested that Article 82 may be overcome by such a justification, even though no justification exists in a clearly expressed law. In his view the case law only regards refusal to supply as anti-competitive when not objectively justified, but this leaves the difficulty of determining when an action can be considered objectively justified. This article looks at the effect of the Syfaít case and the competing views on pharmaceutical parallel trade.
THE IMPORTANCE OF INCREMENTAL INNOVATION FOR DEVELOPMENT - THE ICC COMMISSION ON INTELLECTUAL PROPERTY
The World Health Organisation established in 2004 the Commission on Intellectual Property Rights, Innovation and Public Health (CIPIH) - this article is the submission from the ICC Commission on Intellectual Property with an introduction on the background to this from Nigel Jones who was the lead draftsman.
BIOPROSPECTING AND TRADITIONAL KNOWLEDGE IN TERMS OF THE SOUTH AFRICAN NATIONAL ENVIRONMENTAL MANAGEMENT: THE BIODIVERSITY ACT
This short article examines the provisions of the South African National Biodiversity Act 2004, passed to enable South Africa to comply with the objectives of the Convention on Biological Diversity that it is ratified in November 1995. Among the provisions of the new act, which are due to come into force on 1 January 2006, is Chapter 6 of the act that deals with bioprospecting, access and benefit sharing. To date now regulations have been drafted and there is therefore uncertainty on the procedures that need to be followed to satisfy the requirements of the act. The article outlines the areas of concern.
AUSTRALIA - Gene Technology and Cloning - Government Review of Gene Technology, Cloning and Embryo Research Legislation - DENMARK - legislation - Biobanks - SOUTH AFRICA - Legislation - The South African Patents Amendment Bill 2005 relating to indigenous biological resources and traditional knowledge - UNITED KINGDOM - Patents - Further Provisions of the Patents Act 2004 in force Patents - Procedure - Speedier Patents Trials in the United Kingdom - The 'New' Streamlined Procedure - Pharmaceuticals Price Regulation Scheme - Investigated by the Office of Fair Trading - Patents CAT and Abbott Settle Dispute - US - Patents - Licensing - MedImmune, inc v Centocor, inc - EUROPEAN PARLIAMENT - Patents - European Parliament pressurises the EPO in Biotechnology Patents.