Biotechnology, Patents and Morality

Auteur

Maureen O'Sullivan, BA, BCL, LLM, PhD. Lecturer (Above the Bar) in Law, National University of Ireland, Galway. Chair, Vegetarian Society of Ireland. Fellow, Oxford Centre for Animal Ethics.

Texte du rabat

This book critiques the application of the morality provision in Article 53(a) of the European Patent Convention - a source of controversy when deciding whether to grant patents on biotechnological inventions. Despite deep moral disagreement and criticsm of the current system, until now there have been few suggestions for significant reform.

Résumé

This book critiques the decision-making process in Article 53(a) of the European Patent Convention. To date, such decisions have been taken at high levels of expertise without much public involvement. The book eschews traditional solutions, such as those found within legislative, judicial and patent office realms and instead develops a radical blueprint for how these decisions can be put to the public. By examining wide-scale models of participatory democracy and deliberation, this book fills a significant gap in the literature. It will be invaluable for patent lawyers, academics, practitioners and intellectual property and patent officials.

Contenu

1: General Introduction; 2: Chapter One: In Search of a Definition of Morality in European Patent Law; 3: Chapter Two: Patent Moralities and Their Traditional Adjudications - A Critique; 4: Chapter Three: Decision-Making in Morally Controversial Biotechnological Patent Applications; 5: Chapter Four: The Participatory Budget in Brazil; 6: Chapter Five: Recommendations for Reform and Conclusion; 7: Index