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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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Embryonic Stem Cell Patents: European Patent Law and Ethics

Edited by: Aurora Plomer, Paul Torremans

ISBN13: 9780199543465
Published: December 2009
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £137.50

Low stock.

Stem cell research, and particularly embryonic stem cell research, whilst offering the prospect of developing theories for serious life-threatening diseases, also raises a number of difficult and controversial moral questions. This is reflected in a variety of moral perspectives and regulatory regimes, already adopted or in the process of being developed, in EU Member States. In particular the "moral exclusion" clause in Article 6 of the EC Directive on the legal protection of biotechnological inventions has created much uncertainty in this field.

This collection of original essays provides comprehensive analysis of the EU patent system as applied to biotechnological inventions and particularly stem cell research, dealing with the overlapping EPC, EU, international and national law regimes bearing on the exclusion of patents in a morally fragmented and contested field. In this multidisciplinary study, the editors aim to clarify the legal scope of Article 6, which they deem essential for the fostering of research and investment in Europe, whilst ensuring that such research is conducted within clear ethical limits which address the concerns of society.

As well as a complete overview of the application of the European patent law in the field of human embryonic stem cells, topics covered include legal and philosophical accounts of the boards of the European Court of Justice and European Patent Offices' reasoning in the leading litigated cases, as well as the institutional tensions between national and transnational European research and patent regimes. With its broad research in the fields of patent law, ethics and philosophy, the book analyses a wide range of issues in a way no other book has previously done and suggests solutions to unblock the current stalemate surrounding the patentability of human embryonic stem cell related inventions. The book will be welcomed by a broad readership, including experts and academics in both ethical and legal disciplines as well as policy makers and regulators in the field of embryonic stem cell research in Europe.

Intellectual Property Law
1: Gerard Porter: The Drafting History of the European Biotechnology Directive
2: Rosario M. Isasi and Bartha M. Knoppers: Towards Commonality? Policy Approaches to Human Embryonic Stem Cell Research in Europe
3: Josef Kure: Human Embryonic Stem Cell Research in Central and Eastern Europe: A Comparative Analysis of Regulatory and Policy Approaches
4: Adrian Viens: Morality Provisions in Law Concerning the Commercialisation of Human Embryos and Stem Cells
5: Åsa Hellstadius: A Comparative Analysis of the National Implementation of the Directive's Morality Clause
6: Paul Torremans: The Construction of the Directive's Moral Exclusions under the EPC
7: Aurora Plomer: Towards Systemic Legal Conflict: Article 6(2)(c) of the Biotech Directive
8: Aurora Plomer: Human Dignity, Human Rights and Article 6(1) of the Biotech Directive
9: Antonina Bakardjieva Engelbert: Jurisdictional and Institutional Aspects of Stem Cell Patenting in Europe (EC and EPO): Institutional and Jurisdictional Tensions of Stem Cells Patenting in Europe
10: Paul Torremans: A Transnational Institution Confronted with a Single Jurisdiction Model: Guidance for the EPO's Implementation of the Directive from a Private International Law Perspective
11: Elodie Petit: An Ethics Committee for Patent Offices
12: Asa Hellstadius: The Research Exemption in Patent Law and its Application to hES Cell Research
13: Gerard Porter: Human Embryos, Patents and Global Trade: Assessing the Scope and Contents of the TRIPS Morality Exception
14: Antonina Bakardjieva Engelbert: Stem Cells Patenting and Competition Law;