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Defining Human Enhancement : Towards a Foundational Conceptual Tool for Enhancement Law
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
Cutting Edges and Weaving Threads in the Gene Editing (Я)evolution : Reconciling scientific progress with Legal, Ethical, & Social concerns
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
Rules and Tools in the Battle against Superbugs - A call for integrated strategies and enhanced international collaboration to promote antimicrobial drug development
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
Patentability of human enhancement : From ethical dilemmas to legal (un)certainty
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
Recension: Medieval Archaeology in Scandinavia and Beyond. History, Trends and Tomorrow. Mette Svart Kristiansen, Else Roesdahl & James Graham- Campbell (eds.). Aarhus University Press, 2015.
EU Design Law and 3D Printing : Finding the Right Balance in a New E-Ecosystem
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
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
A “ray of hope” for European stem cell patents or “out of the smog into the fog”?
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
Legal method and lnterpretation in International IP law : Pluralism or Systemic Coherence
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
Medical methods and Patentability of Nanomedicine in Europe: small matter, large interrogations
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
The Evolution of the CJEU’s Case Law on Stem Cell Patents : Context, Outcome and Implications of Case C‑364/13 International Stem Cell Corporation
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,
The Impact of Broccoli II & Tomato II on European patents in conventional breeding, GMO’s and Synthetic Biology : The grand finale of a juicy patents tale?
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
Patentability of methods of human enhancement
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
Economic Justification of Patents and Exceptions to Patentability
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
Individuals with FANCM biallelic mutations do not develop Fanconi anemia, but show risk for breast cancer, chemotherapy toxicity and may display chromosome fragility
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
Fishing for ways to thrive : Integrating zooarchaeology to understand subsistence strategies and their implications among Early and Middle Mesolithic southern Scandinavian foragers
The purpose of this thesis is to evaluate and deduce the varied lifeways of Early Holocene foragers in southern Scandinavia. By taking an interdisciplinary approach, zooarchaeological data have been applied to the study of different aspects of Early and Middle Mesolithic subsistence, in order to frame a discussion concerning our current understanding of culture and life in early north European soc
What is resistance? Impact of phenotypic versus molecular drug resistance testing on therapy for multi-and extensively drug-resistant tuberculosis
Rapid and accurate drug susceptibility testing (DST) is essential for the treatment of multi- and extensively drug-resistant tuberculosis (M/XDR-TB). We compared the utility of genotypic DST assays with phenotypic DST (pDST) using Bactec 960 MGIT or Löwenstein-Jensen to construct M/XDR-TB treatment regimens for a cohort of 25 consecutive M/XDR-TB patients and 15 possible anti-TB drugs. Genotypic D
Alteration of putaminal fractional anisotropy in Parkinson’s disease : a longitudinal diffusion kurtosis imaging study
Purpose: In Parkinson’s disease (PD), pathological microstructural changes occur that may be detected using diffusion magnetic resonance imaging (dMRI). However, there are few longitudinal studies that explore the effect of disease progression on diffusion indices. Methods: We prospectively included 76 patients with PD and 38 healthy controls (HC), all of whom underwent diffusion kurtosis imaging
Generic quality of life in persons with hearing loss : A systematic literature review
Background: To the best of our knowledge, no empirically based consensus has been reached as to if, and to what extent, persons with hearing loss (HL) have reduced generic Quality of life (QoL). There seems to be limited knowledge regarding to what extent a hearing aid (HA) would improve QoL. The main aim of the present study was to review studies about the relationship between HL and QoL. A suppo
