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Life Sciences and Intellectual Property
Life Sciences and Intellectual Property
First Edition
Practice Area:  Life Sciences
ISBN:  9780414070547
Published by:  Sweet & Maxwell
Publication Date:  13 Dec 2019
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

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Life Sciences and Intellectual Property: Law and Practice is a new title providing sought after guidance on intellectual property law and rights protection within the life sciences.

Written by a leading team of experts at Bird & Bird LLP, it draws together all the relevant aspects of intellectual property law that you are likely to encounter in this uniquely complex field. It takes a particularly detailed look at patents and specific obtaining, validity, and infringement issues as well as other rights such as trade marks, copyright, designs, and database rights.

The following is an extract from the Foreword, written by Lord Neuberger:

“The law relating to life sciences is not only very important: it is very complex, having many different aspects… Patrick Kelleher has done an excellent job in drawing the multifarious strands together and producing a book which will be of enormous value to anyone seeking out the law in this very interesting and very challenging field.”

For anyone working in the intersecting disciplines of life sciences and intellectual property, this is a must-have text that will provide you with clear answers and authoritative advice in a single, accessible volume.

  • Draws together all the relevant aspects of intellectual property law to clarify the protection of such rights in the life sciences.
  • Provides targeted advice addressing industry-specific issues.
    Comprehensive coverage of relevant intellectual property rights within the life sciences: patents, designs, copyright, database rights, confidential information, and trade secrets.
  • Looks at different types of patent claims such as second medical use, biosimilars, product by process, numerical limits, and “reach-through” claims.
  • Explains how to obtain a patent nationally and internationally and how to enforce them.
  • Takes a detailed look at infringement, including the scope of claim, experimental use, and the ‘Bolar’ exemption.
  • Analyses pharmaceutical conflicts between innovators and generics.
  • Addresses key validity issues: industrial application, novelty, obviousness, insufficiency, plausibility, and the impact of equivalents.
  • Dedicated commentary on Supplementary Protection Certificates and their regulation including recent disputes and the latest domestic and CJEU guidance.
  • Examines pharmaceutical trade marks (national and European Union) and related registration, validity, and infringement issues such as counterfeit products and parallel trade.
  • An overview of the European regulatory regime and its role in clinical trials, research and development, and data and market exclusivity.
  • Discusses the role of competition law in the pharmaceuticals sector, including generic entry, abuse of dominant position, and “pay for delay” agreements.
  • Explores intellectual property law in the emerging technologies of genomics, stem cell technology, artificial intelligence, and 3D printing.

CONTENTS

PART I: OVERVIEW
1) Introduction
2) Overview of the Life Sciences Industry
3) Intellectual Property for Life Sciences
4) The European Regulatory Regime for Life Sciences

PART II: PATENTS IN LIFE SCIENCES
5) Obtaining Patents
6) Patent Claims 
7) Validity Issues 
8) Infringement Issues 

PART III: INTELLECTUAL PROPERTY AND REGULATORY ISSUES
9) Generic Market Entry
10) Supplementary Protection Certificates
11) Competition Law and Life Sciences

PART IV: OTHER INTELLECTUAL PROPERTY RIGHTS IN LIFE SCIENCES
12) Pharmaceutical Trade Marks
13) Other Intellectual Property Rights

PART V: THE FUTURE OF LIFE SCIENCES
14) Emerging Technologies

REVIEWS

“This is a very timely and valuable book, dealing as it does with the law and practice in a subject which is of exceptional pubic importance, and considerable scientific and legal complexity, and which is also fast-developing.” 
(Foreword, Lord Neuberger of Abbotsbury)

“Covering a vast subject area in terms of both science and law, the content is succinctly distilled yet comprehensive providing a huge amount of material in an accessible and well-sized text...” 
(Charlotte Duly, Marques Class 46)

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