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Global Genes, Local Concerns: Legal, Ethical and Scientific Challenges in International Biobanking

Publication Date: 2019 ISBN: 978 1 78811 618 3 Extent: 304 pp.Global Genes, Local ConcernsLegal, Ethical, and Scientific Challenges in International BiobankingEdited by Timo Minssen, Janne R Herrmann and Jens SchovsboWith interdisciplinary chapters written by lawyers, sociologists, doctors and biobank practitioners, Global Genes, Local Concerns identifies and discusses the most pressing issues in

Shadow health records meet new data privacy laws

Large sets of health data can enable innovation and quality measurement but can also create technical challenges and privacy risks. When entities such as health plans and health care providers handle personal health information, they are often subject to data privacy regulation. But amid a flood of new forms of health data, some third parties have figured out ways to avoid some data privacy laws,

An "export-only" exception to pharmaceutical patents in Europe: Should the U.S. follow suit?

A new European Union policy could increase the supply of legitimate pharmaceuticals in developing countries and thereby minimize the problem of counterfeit medicines, but many challenges remain. This paper describes the proposed European legislation and discusses its' potential strengths, weaknesses, opportunities and threats. Ultimately, we consider if the United States should consider similar po

A Ray of Light in Muddy Waters? -The CJEU rules on combination SPCs in C-121/17 Teva v Gilead

On July 25th 2018, the Court of Justice of the European Union (CJEU) rendered its decision in C-121/17 Teva v Gilead , and thereby delivered yet another judgement on the interpretation of crucial provisions in the Regulation No 469/2009 concerning supplementary protection certificates (SPCs) for medicinal products (the SPC regulation). This time the CJEU attempted to clarify the meaning of article

How much is too much?- Defining the Metes and Bounds of Excessive Pricing in the Pharmaceutical Sector

Excessive pharmaceutical pricing represents one of the most contentious issues in legal and political discourse and has recently gained renewed attention by courts, competition authorities and political forces on both sides of the Atlantic. Balancing the public demand for affordable and accessible health-care with the need for sufficient incentives and a sustainable innovation system in the field

Challenges for the sustainability of university-run biobanks

Most university biobanks begin like other university research projects, i.e. with an idea conceived by an individual researcher in pursuit of his/her own research interests, publications, funding and career. Some biobanks, however, come to have scientific value that goes beyond the projects that were initially responsible for the collection of the samples and data they contain. Such value may deri

Will the EPO’s Enlarged Board of Appeal hear the Broad's CRISPR case?

As the Broad Institute faces a formidable task in defending its revoked CRISPR patent claims in a pending appeal at the EPO, European academics Jakob Wested, Timo Minssen, and Esther van Zimmeren are wondering whether some of the issues might be referred to the Enlarged Board of Appeal.

Patentability Standards for Follow-on Pharmaceutical Innovation

Follow-on pharmaceutical innovation occurring after the initial discovery of a drug active ingredient plays an important, but at times underappreciated, role in providing innovative solutions to compelling medical needs. Examples of follow-on innovation include new forms of a drug with improved safety-efficacy profiles, new formulations and dosages providing improved patient outcomes, and new meth

Clearing a way through the CRISPR patent jungle

The revocation of Broad Institute’s patent EP2771468, marks the latest major development in a series of patent battles over the revolutionary and highly lucrative CRISPR- Cas 9 technology (and other gene editing technologies) in the US and Europe. While this is the first EPO decision in an opposition procedure concerning the Broad patent portfolio, the outcome may have implications for other relat

Reap what you sow! - But what about SPC squatting?

Abstract: Despite an avalanche of recent court decisions on the European system for supplementary protection certificates (SPCs), the issue of third party SPC applications - also known as “SPC squatting” – has never been sufficiently clarified. Considering the ambiguous stipulations in the SPC Regulations, as well as the practical and theoretical significance of this issue, the lack of judicial gu

Patenting Human Genes in Europe: and how it compares to the US and Australia

In accordance with the concept of the book and the assigned scope of the contribution, this chapter describes the European law with respect to the patent-eligibility of isolated DNA sequences. This chapter will further include a brief comparison with recent developments from the US and Australia. It will, however, not focus on the important debates regarding the patent-eligibility of other biologi

Innovation and Intellectual Property Policies in European Research Infrastructure Consortia - PART I: The Case of the European Spallation Source ERIC

Research and innovation are key pillars of the EU’s strategy to create sustainable growth and prosperity in Europe. Research infrastructures (RIs) are central instruments to implement this strategy. They bring together a wide diversity of expertise and interests to look for solutions to many of the problems society is facing today. To facilitate the creation and operation of such RIs, the EU adopt

Fighting Falsified Medicines with Paperwork – A Historic Review of Danish Legislation Governing Distribution of Medicines

Many areas of pharmaceutical legislation in the European Union (EU) are harmonised in order to promote the internal market and protect public health. Ideally, harmonisation leads to less fragmented regulation and cross-border complexities. This study, however, focuses on an increasingly harmonised legislative area that is subject to increases in requirements and complexities: the distribution of m