Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
RELATION BETWEEN THE PATENT LAW SYSTEM AND THE REGULATORY LEGISLATION WITH REGARD TO STEM CELL RESEARCH
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2018 (English)Independent thesis Advanced level (degree of Master (One Year)), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

The focus of this thesis is the analysis of the relation of the patent law legislation and the regulatory law covering all types of stem cells. In the first part all types of stem cells are identified and a variety of issues connected to several types of stem cell is addressed in subsequent parts. Nevertheless, due to the controversy of the ES cells and in particular the human ones, the major part of the thesis discuses and analyses a regulation and case law relating to human ES stem cells. In order to analyse the relationship, the thesis focuses on the prerequisites in the morality clause of the patent law and identifies basic types of regulatory systems. Other conditions of the patentability are therefore not discussed by the thesis and the third part covering patent law focuses exclusively on the role of morality clause and the question of a scope of subject matter to be evaluated in respect to inventions relating to stem cells. In order to cover and analyse the relationship, the author finds crucial to analyse the morality clause in Article 53 (a) EPC, Rule 28 EPC and Article 6 Biotech Directive to get a more comprehensive understanding of the topic and therefore the harmonized legislation of patent law morality exclusions in Europe is the key part of the thesis. Conversely, as the regulatory legislation is harmonized at neither international level nor European one, a brief overview of national regulatory systems is presented in the part 4 of the thesis. However, due to wide range of approaches differing significantly among the countries only common characteristics of basic approaches are presented without the necessity to cover national legislations in details. An exception is made in respect to the regulatory legislation of the Czech Republic which is presented as a model example of one the approaches in order to provide a practical example of the relation of the patent law and the regulatory law.

Place, publisher, year, edition, pages
2018. , p. 61
Keywords [en]
stem cell research, patent law, patent law morality clause and the regulatory law
National Category
Law
Identifiers
URN: urn:nbn:se:uu:diva-353424OAI: oai:DiVA.org:uu-353424DiVA, id: diva2:1217219
Educational program
Master Programme in Intellectual Property Law
Supervisors
Examiners
Available from: 2018-07-02 Created: 2018-06-12 Last updated: 2018-07-02Bibliographically approved

Open Access in DiVA

fulltext(961 kB)14 downloads
File information
File name FULLTEXT01.pdfFile size 961 kBChecksum SHA-512
3552b959c610460b5e9f6539926567b962503828cf03cb347617cba256929333452bfc70fec92a1f9f24d8bc6ba2cadda756fb3ffca3adf9004edcfcef6d5620
Type fulltextMimetype application/pdf

By organisation
Department of Law
Law

Search outside of DiVA

GoogleGoogle Scholar
Total: 14 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

urn-nbn

Altmetric score

urn-nbn
Total: 20 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf