What is patenting
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Patent Questions and Answers by EFFAB (ex FAIP)
The concept of "Patent":
"A patent is an exclusive right granted for an
invention, which is a product or a
process that provides, in general, a new way of
doing something, or offers a new technical solution
to a problem. In order to be patentable, the
invention must fulfill certain conditions..."
read more at the website of the
World Intellectual property Organization.
Relation between Patenting
and Intellectual Property: Patenting is
one of the different forms of Intellectual Property.
The latter "allows people to own their
creativity and innovation in the same way that they
can own physical property. The owner of
IP
can control and be rewarded for its use, and this
encourages further innovation and creativity to the
benefit of us all."
read more at the website of the
UK Patent Office.
General Overview of IP Protection Tools
by the
IPR Helpdesk.
Go.
General
Information Concerning Patents by
the
United States Patent and Trademark Office.
Go.
IP
protection
in animal breeding: "The
field of animal breeding and genetics, especially as
it relates to farm animals and livestock,
encompasses a broad range of species, traits and
processes. A simple laundry list of those items that
might directly affect our field and require IP
protection include, but are not limited to, genes
and markers for genetic improvement, statistical
methods for genetic improvement, transgenic and
cloned animals, methods to measure traits (e.g. use
of ultrasonic probes), electronic methods to
identify animals, computer software and other
written materials.
Allied fields like nutrition and veterinary medicine
will also have methods or processes such as
vaccines, feed supplements or specific treatments."
read the entire article by Rothschild M.F., Plastow
G., Newman S.:
Patenting in animal breeding and genetics.
(2004) In: WAAP Book of the Year 2003 - A Review on
Developments and Research in Livestock Systems, Eds:
A. Rosati ,A. Tewolde and C. Mosconi, 269-278.
Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS)
by WTO (World Trade Organization)
Full text or
Article 27.3b on traditional knowledge, biodiversity or
Progress on Article 27.3b
Practical
issues
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Complete
patent guide by the
IPR Helpdesk. All you need to know about patents.
Go.
Introduction to patent terminology
by STN International.
Go.
Training material on patents by STN
International.
Go.
Legal aspects
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Legislative Initiatives in European patent law
by the European
Patent Office
Read the contents of
the
WIPO Open Forum on the draft Substantive Patent Law Treaty
(SPLT) Geneva, 1-3
March 2006
Workshop Proceedings:
EU directive for biotechnological inventions for farm animal
production Organized by the Farm Animal
Industrial Platform (FAIP). 29 May 1998, Veterinary
and Agricultural University Copenhagen, Denmark
Biodiversity Rights Legislation by GRAIN
(INGO)
Patenting in the EU
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Biotechnology in European patents - threat or promise?
by the European
Patent Office
Legislative Initiatives in European patent law
by the European
Patent Office
Consultation and public
hearing on future patent policy in Europe:
The public hearing will be held on 12 July
2006 (registration until 5 June 2006).
Read more.
Report from the Commission
to the Council and the European Parliament - Development and
implications of patent law in the field of biotechnology and
genetic engineering (2005) Read
the full text.
Life sciences and biotechnology – A Strategy for Europe
(2002) Communication from the Commission to the Council, the
European Parliament, the Economic and Social Committee and
the Committee of the Regions
Community Patent:
"The European Council held in Lisbon in
March 2000 called for the creation of a Community patent
system to address existing shortcomings in the legal
protection for inventions, thus giving an incentive for
investments in research and development and contributing to
the competitiveness of the economy as a whole."
Read more.
Biotechnology and intellectual property (1999)
Committee on Agriculture and Rural
Development, Rapporteur: Mr Wolfgang Wodarg.
Council of Europe, Parliamentary Assembly of
9 July 1999.
According to Art. 4 of the
Directive 98/44/EC of the European
Parliament and of the Council of 6 July 1998 on the legal
protection of biotechnological inventions, "The
following shall not be patentable:
(a) plant and animal
varieties;
(b) essentially
biological processes for the production of plants or
animals.
2. Inventions which
concern plants or animals shall be patentable if the
technical feasibility of the invention is not confined to a
particular plant or animal variety.
3. Paragraph 1(b) shall
be without prejudice to the patentability of inventions
which concern a microbiological or other technical process
or a product obtained by means of such a process."
Read the
full text of the Directive.
The EAAP Cattle Network forum on patenting
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The Cattle
Network of the European Association for Animal Production
organized, in the beginning of 2006, an e-mail conference on
the topic of Patenting in Animal Breeding. The e-mail
conference was launched on 10 January 2006 and closed on 17
February 2006. Sixty-two registered participants from all
over the world attended the online discussion, which was
moderated by Prof. Georgios Banos of the Aristotle
University of Thessaloniki, Greece.
Read
all about the e-mail conference.
Publications related to patenting
and IP
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Books -
Articles -
Other
resources
Books
The Future Control Of Food.
A Guide to International Negotiations
and Rules on Intellectual Property, Biodiversity and
Food Security
(2008) edited by
Geoff Tansey and Tasmin Rajotte.
earthscan, IDRC and QIAP.
Intellectual Property Management in Health and
Agricultural Innovation: A Handbook of Best Practices
(2007) edited by A. Krattiger, R. T. Mahoney, L.
Nelsen, J. A. Thomson, A. B. Bennett, K. Satyanarayana,
G. D. Graff, C. Fernandez, S. P. Kowalski. MIHR & PIPRA
Marker-assisted selection. Current status and future
perspectives in crops, livestock, forestry and fish
(2007)
edited by E. Guimarães, J. Ruane, B.
Scherf, A. Sonnino, J. Dargie
Access to and Legal Protection of Aquaculture Genetic
Resources: Norwegian Perspectives (2006)
Rosendal, G. Kristin, Ingrid Olesen, Hans B. Bentsen,
Morten Walløe Tvedt and Martin Bryde. Journal of
World Intellectual Property, Vol 9, No 4, 2006, pp.
392-412.
Intellectual Property Rights in Animal Breeding and Genetics
(2004)
.
CABI Publishing.
Patenting DNA sequences (polynucleotides) and scope of protection in the European Union
(2004) Bostyn, Sven J. R. Office for Official
Publications of the European Communities.
Intellectual Property Rights in Agricultural Biotechnology,
2nd Edition (2003)
CABI Publishing.
Patenting Agriculture (2001) Barton, John H,
Berger, Peter. Issues in Science and Technology.
Agriculture and Intellectual Property Rights: Economic,
Institutional and Implementation Issues in Biotechnology
(2000)
CABI
Publishing.
Encyclopedia of Ethical, Legal and Policy Issues in
Biotechnology (2000)
Edited by Thomas H. Murray, Maxwell J. Mehlman.
WILEY BIOTECHNOLOGY ENCYCLOPEDIAS.
Animal Biotechnology and Ethics (1998)
Holland, Alan J.; Johnson, Andrew (Eds.). Chapman & Hall,
UK.
Intellectual Property Rights and Research Tools in
Molecular Biology (1997) Summary of a Workshop
Held at the National Academy of Sciences, February
15–16, 1996. National Research Council - NATIONAL
ACADEMY PRESS Washington, D.C.
Articles
Fridtjof Nansen Institute Various publications
Scope of Process Patents in Farm Animal Production
(2007) Magnus Finckenhagen, FNI Report 6/2007.
Lysaker, FNI, 2007, 82 p.
Patent protection in the field of animal breeding
(2007) Tvedt, Morten
Walløe, Acta Agriculturae Scandinavica, Section A -
Animal Sciences , Vol 57, No 3, 2007, pp. 105-120.
Can you shrinkwrap a cow? Protections available for the
intellectual property of the animal breeding industry
(2007) E. R. Ogden, K. Weigel. Animal Genetics. Volume
38, Issue 6, Page 647-654, December 2007.
Patenting Genetic Resources: Striving for the Right
Balance (2007) Alison L. Hoare and Richard G.
Tarasofsky. Clatham House
Patenting scenario in agriculture: Indian perspective
(2006) Rekha Mittal and Gian Singh. Current Science,
Vol. 90, No 3.
Policy Implications from Applying Patent Law to Animal
Breeding (2006) Morten Walløe Tvedt, Fridtjof
Nansen Institute. TAIEX Workshop, January 2006
Explaining compliance with Intellectual Property
committments: The case of Agrobiodiversity
(2006) Regine Andersen. 47th Annual Convention of the
International Studies Association, San Diego, March
22-25, 2006.
Conservation of genes and culture: historical and
contemporary issues (2006)
J
Hodges. Poultry Science,
Vol 85, Issue 2, 200-209.
Intellectual Property Rights in a Changing Political
Environment: Perspectives on the Types and Administration of
Protection (2005) William Lesser.
AgBioForum, 8(2&3): 64-72.
Patenting in animal breeding and genetics
(2004) Rothschild M.F., Plastow G., Newman S. In: WAAP Book
of the Year 2003 - A Review on Developments and Research in
Livestock Systems, Eds: A. Rosati ,A. Tewolde and C.
Mosconi, 269-278.
Patenting of Genetic Innovations in Animal Breeding
(2002) M.F. Rothschild. Lecture at the Cair in
at the Center for Agricultural and Rural Development of the
Iowa State University.
The
European Patent Directive on Biotechnology
(1998) Leskien, D. Biotechnology and
Development Monitor, No. 36, p. 16-19.
Patenting of Plants and Animals: The Impacts on the Canadian
Agri-Food Sector
(1995) W. Lesser. Cornell University.
Life Form Patenting and Family-Scale Agriculture:
Implications and Recommendations Kim Leval,
Jon Bailey. Rural Research and Analysis Program, Center for
Rural Affairs, US.
Animal Patenting and the Politics of Biotechnology in the
1980s Joe Conley, Program in the History of
Science, Princeton University.
Other
resources
The Ethics of Patenting Animal Genetic Inventions
(2007) M. Temmerman, presented at the annual NCCR PhD
Workshop - 12 April 2007
Opportunities and Challenges in Agricultural
Biotechnology: The Decade Ahead
Report by the USDA Advisory Committee on Biotechnology
and 21st Century Agriculture, July 2006
Biotechnology in Animal Agriculture: Status and Current
Issues CRS Report. T. Cowan, G. S. Becker, March
2006
Conference on "Livestock biodiversity, indigenous knowledge
and intellectual property rights" organized by the League
for Pastoral Peoples
(Bellagio, Italy, 27 March - 2 April 2006).
Read the presentations.
Farm Animal Genetic Resources. Safeguarding National Assets
for Food Security and Trade (2004)
Ilse
Köhler-Rollefson.
GTZ, FAO, CTA.
Patenting glossary
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Glossary of Terms by the World Intellectual Property
Organization
United States
Patent and Trademark Office Glossary
Glossary of legal terms and acronyms related
to patents, copyrights and trademarks.
Glossary of Terms
by the UK Patent Office
Understanding "Patentese"—A Patent Glossary by
Arnold B. Silverman and George K. Stacey
