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Life Sciences and Intellectual Property
Life Sciences and Intellectual Property
First Edition
Practice Area:  Intellectual Property
ISBN:  9780414070547
Published by:  Sweet & Maxwell
Publication Date:  30 Sep 2019
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION
This new title is your comprehensive guide to understanding 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 from research to development. 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 right. For understanding the complex intellectual property laws that govern this industry, Life Sciences and Intellectual Property: Law and Practice provides clear and authoritative answers in an accessible single volume.

Life Sciences and Intellectual Property: Law and Practice is a new title providing guidance on intellectual property law and rights protection within the life sciences.
  • 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 right, confidential information, and trade secrets.
  • An overview of the European regulatory regime and its role in clinical trials, research and development, and data and market exclusivity.
  • Explains how to obtain a patent nationally and internationally and how to enforce them.
  • Looks at different types of patent claims such as second medical use, biosimilars, product by process, numerical limits, and “reach-through” claims.
  • Addresses key validity issues: industrial application, novelty, obviousness, insufficiency, plausibility, and the impact of equivalents.
  • Takes a detailed look at infringement, including the scope of claim, experimental use, and the Bolar exemption.
  • 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, parallel trade and buyers clubs.
  • Analyses pharmaceutical conflicts between innovators and generics.
  • Additional discussion of the role of competition law in the pharmaceuticals sector, including generic entry, abuse of dominant position, and “pay for delay” agreements.
  • Explores the role of 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
3) Intellectual Property in the Life Sciences
4) Overview of the European Regulatory Regime for Life Sciences

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

PART III: THE OVERLAP BETWEEN INTELLECTUAL PROPERTY AND REGULATORY ISSUES
9) Generic Pharmaceuticals and Biosimilars
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
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