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Emerging technologies open the prospect of extraordinary interventions on the human body. These may go beyond what is strictly necessary to sustain health and well-being. While responding to social and ethical challenges of such advances, the Law simultaneously faces the challenge of reflecting on the legitimacy to legislate and on whether the existing legal framework is appropriate to address the
Gene editing technologies, such as CRISPR/Cas9, hold great promises for the advancement of science and technology. These foundational technologies enable to modify the genetic structure of living organisms with unprecedented precision. Potential applications include both plant, animal and human genetic interventions. In plant biology, gene editing introduces more precise, target- and time-efficien
The lack of treatments during the recent Ebola and Zika outbreaks dramatically exposed the vulnerability of the global health system and the dire consequences thereof. But even where therapies against infectious diseases had been available, an additional threat has gained world-wide attention: antimicrobial resistance (AMR). A growing number of microbial organisms are becoming resistant to availab
Emerging technologies are paving the way for future revolutionary advances in science that may open the possibility to change the very anthropological definition of human being. This mere possibility has lead to ethical interrogations concerning the nature and boundaries of human nature and our relationship with science and technology. Meanwhile the Law has faced the challenge of reflecting on the
The article considers the implications for EU design law of 3D-printing. It first describes the 3D-printing technology and the e-ecosystem which is evolving around the technology and involves a number of new stakeholders who in different ways are engaged in the making and sharing of CAD-files and/or printing. It is submitted that it is only a matter of time before 3D-printing equipment becomes ubi
Patenting Nanomedicine in Europe: Applying the ‘medical methods exception’ to emerging technologies is based on the authors PhD dissertation, defended in March 2014, at the University of Copenhagen. The book debates restrictions on the patentability of medical methods in European Patent Law. The main question addressed is whether it is viable and advisable the reinterpretation, reformulation or re
In Case C-364/13 International Stem Cell Corporation (ISCC) v. Comptroller General of Patents (December 18th, 2014), the Court of Justice of the European Union (CJEU) distinguished its’ earlier ruling in Brüstle v. Greenpeace (Brüstle) with regard to non-fertilized human ova stimulated by parthenogenesis. The Court found that in order to be considered a ‘human embryo’- and thus to be unpatentable
While pluralism and minimum harmonisation may have advantages concerning substantive requirements for IP protection there is an argument to be made in favour of establishing further harmonisation concerning rules and principles for legal interpretation of international or regional IP treaties, conventions and other legal instruments. Increasing autonomy of IP Law as a legal discipline and the deve
The present article was presented at the ATRIP Congress 2015. The main question addressed is whether reinterpretation, reformulation or replacement of Article 53 (c) of the European Patent Convention is viable and advisable. The issue is addressed by reference to both novel and resurfacing interpretative concerns connected with emerging technologies exemplified by nanomedicine, but also considerin
In its judgment in International Stem Cell Corporation v Comptroller General of Patents (ISCO) rendered on 18th December 2014, the CJEU qualified its’ earlier ruling in Brüstle v. Greenpeace (Brüstle) with regard to non-fertilised human ovums stimulated by parthenogenesis. The Court held that in order to constitute a ‘human embryo’ and thus to be unpatentable under the EU Biotechnology Directive,
On 25 March 2015, the Enlarged Board of Appeal of the European Patent Office (EBA) finally delivered its’ much awaited decisions on the consolidated referrals G2/12 (“Tomato II”) and G2/13 (“Broccoli II”). The EBA affirmed that products, namely plants or parts thereof, obtained by essentially biological processes are – unlike individual plant varieties – principally patentable under the European P
This article explores how to apply patentability rules to human enhancement, particularly focusing on Article 53(c) of the European Patent Convention (EPC).The global size and value of the cosmetic and wellness market and industry allow for the prediction of considerable market potential for human enhancement. Patents will be instrumental for companies to protect investment in innovation and tap i
The present article is the conclusion of a review of economic justifications for patent rights conducted with the objective of determining whether such arguments are per se capable of sustaining the existence of a different patentability regime for inventions of methods for treatment and diagnostic methods (art.53 (c) European Patent Convention). It starts by exploring the normative background and
PurposeMonoallelic germ-line mutations in the BRCA1/FANCS, BRCA2/FANCD1 and PALB2/FANCN genes confer high risk of breast cancer. Biallelic mutations in these genes cause Fanconi anemia (FA), characterized by malformations, bone marrow failure, chromosome fragility, and cancer predisposition (BRCA2/FANCD1 and PALB2/FANCN), or an FA-like disease presenting a phenotype similar to FA but without bone
Brain machine interfaces with chronically implanted microelectrode arrays for signal acquisition require algorithms for successful detection and classification of neural spikes. During the design of such algorithms, signals with a priori known characteristics need to be present. A common way to establish such signals is to model the recording environment, simulate the recordings and store ground t
Background: The need for a mobile workforce inevitably means that the length of the total work day (working and traveling time) will increase, but the health effects of commuting have been surprisingly little studied apart from perceived stress and the benefits of physically active commuting. Methods: We used data from two cross-sectional population-based public health surveys performed in 2004 an
Four unsaturated solute transport experiments with different water fluxes were conducted in a Hele-Shaw cell filled with uniform sand. The transport of the dye tracer used was recorded with a camera and the dye concentration was calculated using image analysis. The concentrations fields were analysed in terms of time moments and converted into vertical solute transport velocity V. Both mean value
