知识产权与生命科学研究手册

Q4 Arts and Humanities
K. Scally
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引用次数: 0

摘要

研究手册的目的是给出一个概述和洞察当前主题的研究领域,作为其当前学者的子集设想。典型的参数是:被认为是突出的或有新闻价值的话题,编辑参考框架内的学术联系网络,以及任何可能被视为该群体的规范原则和意识形态。在其生物医学和面向产品的重点允许的范围内,本手册履行了其作为知识产权(IP)和生命科学,特别是生物遗传学研究讨论中当前主题的快照的作用。27篇文章中有8篇是由女性学者撰写的,虽然远远低于自然的性别分布,但至少表明了某种进步。更技术性的文章提供了最近的立法变化的一个很好的总结,并在欧盟和美国之间进行了有用的比较。第四部分从国际视角对巴西、中国、印度、日本、肯尼亚、南非和泰国这七个国家现行知识产权法的现状和影响进行了简要考察。此外,还讨论了地方知识产权制度的功能方面以及关键的政治、社会和伦理影响,例如南非的艾滋病毒问题。《与贸易有关的知识产权协定》的影响不容忽视。这些文章不是详尽的,也不是明确的,但为那些希望进一步参与的人提供了一个横截面和一组参考。法律学者撰写的研究手册必须从不同于一群经济学家、历史学家、哲学家、政治学者和科学家的角度来研究一个主题。“知识产权”作为一个术语,直到20世纪后期才有了发展势头,以帮助引导思想所有权的地位,朝着围绕产权的长期法律框架的方向发展。然而,也许是因为财产所有权的概念在本质上仍然是一个有争议的话题,关于知识产权的讨论在期刊上和在法庭上一样来回摇摆。在生命科学知识产权的情况下,这种讨论的动态和政治性质变得更加复杂,因为基础不断变化,技术进步可能会提出新的参考点,并埋葬其他参考点。也许过不了多久,这本书中的一些材料,以及这篇评论中的一些评论,就会显得多余。在撰写这篇综述时,发表在《科学》(Science)杂志上的一篇论文(Hirota et al., 2017)描述了伦敦弗朗西斯克里克研究所(Francis Crick Institute)在胚胎DNA编辑方面的重大突破。随着我们越来越接近基因编辑,伦理问题可能会在生命科学的法律讨论中变得更加突出
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Research handbook on intellectual property and the life sciences
Research handbooks aim to give an overview and insight into the current themes for research in a subject area, as conceived by a subset of its current scholars. The typical parameters are: topics regarded as prominent or newsworthy, the network of academic contacts within the editors’ frame of reference, andwhatevermay be regarded as the normative set of principles and ideologies of that group. As far as its biomedical and product-oriented focus permits, this handbook fulfils its role as a snapshot of those topics current in the discussion of intellectual property (IP) and the life sciences, particularly biogenetic research. Eight of the 27 articles have been authored by female scholarswhich,whilewell short of the natural gender distribution, at least demonstrates progress of some kind. The more technical articles provide a good summary of recent changes in legislation, and useful comparisons between the EU and the USA. From an international perspective, Part IV is a concise survey of the status and impact of current IP law in a selection of seven countries: Brazil, China, India, Japan, Kenya, South Africa and Thailand. Functional aspects of the local IP regimes are addressed as well as the key political, social and ethical implications, such as the HIV problem in South Africa. The effect of the TRIPs agreement is not neglected. These articles are hardly exhaustive, or definitive, but provide a cross section and a set of references for those wishing to engage further. A research handbook authored by scholars of the lawmust be expected to approach a subject from a different perspective from that of a group of economists, historians, philosophers, political academics, and scientists. ‘Intellectual property’ as a term gained momentum only in the late twentieth century to help steer the status of ownership of ideas in the direction of the long-standing legal framework around property rights. Yet, perhaps because the concept of property ownership remains at heart a controversial topic, discussion of intellectual property sways back and forth in journals as much as in court. The dynamic, political nature of this discussion is compounded in the case of IP for the life sciences, where the ground constantly shifts and technological advances are likely to raise new points of reference and bury others. It will probably not be long before some of the material in this book, and some of the commentary in this review, is rendered redundant. As this review was being prepared, a paper published in Science (Hirota et al., 2017) describes a significant breakthrough in the editing of embryo DNA by the Francis Crick Institute in London. As we get closer to the point of gene editing, ethical issues are likely to become even more prominent in the legal discussion of life sciences
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来源期刊
Prometheus (Italy)
Prometheus (Italy) Arts and Humanities-Literature and Literary Theory
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