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Are European patents obstacles to Swedish cancer research?

Lidgard, Hans Henrik LU (2002) p.52-71
Abstract
Professor Håkan Olsson, Lund has addressed the problems caused by patenting in the field of biotechnology. His article was triggered by patent protection acquired by the American company Myriad Genetics. According to HO, Myriad requires that analyses of blood to trace the occurrence of these genes should be carried out in the company’s American laboratories, at a significant cost. Profit is infringing on the freedom of academic research and HO therefore asks:

• Is it reasonable to patent “inventions” in gene technology?

• Can patent protection be allowed to impede urgent, serious and non-commercial research?

• Can patent protection be circumvented by coercive measures?

• Should patentees be able to... (More)
Professor Håkan Olsson, Lund has addressed the problems caused by patenting in the field of biotechnology. His article was triggered by patent protection acquired by the American company Myriad Genetics. According to HO, Myriad requires that analyses of blood to trace the occurrence of these genes should be carried out in the company’s American laboratories, at a significant cost. Profit is infringing on the freedom of academic research and HO therefore asks:

• Is it reasonable to patent “inventions” in gene technology?

• Can patent protection be allowed to impede urgent, serious and non-commercial research?

• Can patent protection be circumvented by coercive measures?

• Should patentees be able to monopolize analytical work in medical care?

In this article I examine the system from a legal perspective. Are there solutions to the problems encountered by a researching physician, or must the rules be changed? (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
civilrätt: immaterialrätt, private law: intellectual property law, biotechnology, patenting, research exemption.
host publication
Gene technology and economy
editor
Lundin, Susanne and Åkesson, Lynn
pages
52 - 71
publisher
Nordic Academic Press
ISBN
9189116259
language
English
LU publication?
yes
id
59bac88e-d8f7-412c-8211-009c31485e14 (old id 593707)
date added to LUP
2016-04-04 12:20:32
date last changed
2018-11-21 21:10:23
@inbook{59bac88e-d8f7-412c-8211-009c31485e14,
  abstract     = {{Professor Håkan Olsson, Lund has addressed the problems caused by patenting in the field of biotechnology. His article was triggered by patent protection acquired by the American company Myriad Genetics. According to HO, Myriad requires that analyses of blood to trace the occurrence of these genes should be carried out in the company’s American laboratories, at a significant cost. Profit is infringing on the freedom of academic research and HO therefore asks:<br/><br>
•	Is it reasonable to patent “inventions” in gene technology?<br/><br>
•	Can patent protection be allowed to impede urgent, serious and non-commercial research?<br/><br>
•	Can patent protection be circumvented by coercive measures?<br/><br>
•	Should patentees be able to monopolize analytical work in medical care?<br/><br>
In this article I examine the system from a legal perspective. Are there solutions to the problems encountered by a researching physician, or must the rules be changed?}},
  author       = {{Lidgard, Hans Henrik}},
  booktitle    = {{Gene technology and economy}},
  editor       = {{Lundin, Susanne and Åkesson, Lynn}},
  isbn         = {{9189116259}},
  keywords     = {{civilrätt: immaterialrätt; private law: intellectual property law; biotechnology; patenting; research exemption.}},
  language     = {{eng}},
  pages        = {{52--71}},
  publisher    = {{Nordic Academic Press}},
  title        = {{Are European patents obstacles to Swedish cancer research?}},
  url          = {{https://lup.lub.lu.se/search/files/5982975/2278122.pdf}},
  year         = {{2002}},
}