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1.
Med Law Rev ; 32(2): 205-228, 2024 May 28.
Artigo em Inglês | MEDLINE | ID: mdl-38654475

RESUMO

The availability of biomaterials is a key component of health research and the development of new health-technologies (including, diagnostics, medicines, and vaccines). People are often encouraged by biobanks to donate samples altruistically to such biobanks. While empirical evidence suggests many donors are motivated by the desire to contribute towards developing new health-technologies for society. However, a tension can arise as health-technologies whose development is contributed to by donors' biomaterials will often be protected by intellectual property rights (IPRs), including patents. Patents give rightsholders control over how patented technologies are used and can be used in a way that impedes public access to technologies developed. Yet, there are no binding European legal obligations mandating disclosure to donors of how IPRs can operate over downstream health-technologies and how they could impact access to health-technologies developed, nor are there legally binding obligations to ensure public accessibility of technologies developed. Focusing on the bioethical implications posed, this article argues that the current situation can impact donors' autonomy and dignity interests. A more holistic approach is needed for biobank donation, which embeds a consideration of donors' expectations/interests from the point of donation through to how such samples are used and how health-technologies developed are accessed. We put forward avenues that seek to address such issues.


Assuntos
Bancos de Espécimes Biológicos , Propriedade Intelectual , Humanos , Bancos de Espécimes Biológicos/legislação & jurisprudência , Bancos de Espécimes Biológicos/ética , Patentes como Assunto/legislação & jurisprudência , Tecnologia Biomédica/legislação & jurisprudência , Tecnologia Biomédica/ética , Doadores de Tecidos/legislação & jurisprudência , Temas Bioéticos/legislação & jurisprudência
2.
Recent Pat Biotechnol ; 18(3): 241-256, 2024.
Artigo em Inglês | MEDLINE | ID: mdl-37605394

RESUMO

BACKGROUND: Morus nigra L. is a plant with significant potential for drug development due to the presence of numerous bioactive compounds in its various parts. OBJECTIVES: This article aims to compile the technological perspectives of Morus nigra L. towards drug development and therapeutic indications based on registered patents in databases. METHODS: The study analyzed patents published within the last five years, focusing on products derived from different parts of the Morus nigra L. plant. Patent databases such as the European Patent Office (EPO), the United States Patent and Trademark Office (USPTO), the World Intellectual Property Organization (WIPO), and the National Institute of Industrial Property Databases (INPI) were examined. RESULTS: A total of 45 patents were categorized by country of origin, type of applicant, extraction method, and therapeutic indications. China had the highest number of patent filings (43.48%), and private companies were the primary technology patent holders (38.64%). Noteworthy extraction methods included ultrasound-assisted extraction, decoction, infusion, and maceration. The most utilized plant parts were leaves (44.44%), followed by fruits (35.56%), root bark (15.56%), and stems (4.44%). The main therapeutic indications identified were the treatment of hyperglycemia and dyslipidemia (43.33%), along with digestive problems, cosmetics, nutrition, and cleaning applications. CONCLUSION: The study of patents covers discoveries and advancements often absent in scientific articles, making a review focused on this advanced information crucial for expanding existing scientific knowledge. Even if some therapies have been explored previously, patents can reveal innovative approaches and fresh perspectives that contribute to sustained scientific progress.


Assuntos
Morus , Bases de Dados Factuais , Propriedade Intelectual , Patentes como Assunto , Tecnologia , Estados Unidos
5.
Chin J Integr Med ; 26(12): 943-946, 2020 Dec.
Artigo em Inglês | MEDLINE | ID: mdl-32623703

RESUMO

With the worldwide growing interest and commercial value of traditional Chinese medicine (TCM) industries and products, the protection issue of TCM knowledge is increasingly concerned by Chinese government. Here, we investigated the current situation and trend of TCM development and knowledge protection in China through accessing academic research tools including China National Knowledge Infrastructure (CNKI), Wanfang Data, VIP China Science and Technology Journal Database (VIP) and Google Scholar, analyzing the latest data released by National Administration of Traditional Chinese Medicine, China Statistical Yearbook of Chinese Medicine and China Statistical Yearbook. Our results demonstrate that current administration in China is continuing to support TCM development by increasing investment and expanding the scale in TCM research and administration. The increasing attention of Chinese scholars and government has led to laws and regulations issued more densely to strengthen TCM knowledge protection and promote fair use and fast development.


Assuntos
Pesquisa Biomédica/tendências , Desenvolvimento de Medicamentos/tendências , Propriedade Intelectual , Medicina Tradicional Chinesa/tendências , Publicações Periódicas como Assunto/tendências , China , Humanos
6.
Recent Pat Biotechnol ; 14(1): 33-40, 2020.
Artigo em Inglês | MEDLINE | ID: mdl-31333133

RESUMO

BACKGROUND: Copaiba oil-resin has been widely used and is especially found in neotropical regions, for which several pharmacological activities have been documented over the years. Prospective studies in intellectual property banks are important to increase competitiveness and thus generate new products in various research areas. OBJECTIVE: A prospective study was carried out on patents of products containing copaiba oil-resin for dental use in intellectual property banks. METHODS: The research was conducted with patent searches in six intellectual property banks of the world. Relevant information about the invention in the patent document was collected, processed and described. RESULTS: The search found 9 patents using copaiba resin oil-resin in dental products. The National Institute of Industrial Property (INPI-Brazil) had the highest number of deposits (5), followed by Espacenet (2) and Free Patents (2). C. Langsdorffii was highlighted as the most widely used species in the products and deposits of vehicles in formulations (3). All the patents in the search are A61K code for medical, dental or hygienic purposes. CONCLUSION: Most of the found patents are related to the area of Microbiology, specifically with application in Cariology. Brazil is represented by the INPI and presented the highest number of patent applications when compared to other intellectual property banks.


Assuntos
Fabaceae , Óleos Voláteis , Patentes como Assunto/estatística & dados numéricos , Óleos de Plantas , Resinas Sintéticas , Propriedade Intelectual , Estudos Prospectivos
7.
Ginebra; World Intellectual Property Organization; 2020. 56 p.
Monografia em Inglês | MTYCI | ID: biblio-1566837

RESUMO

The objective of this booklet is to offer general and basic information on the interface between intellectual property (IP) and traditional knowledge (TK), traditional cultural expressions (TCEs), and genetic resources (GRs). It briefly addresses the most important questions that arise when considering the role that IP principles and systems can play in protecting TK and TCEs from misappropriation, and in generating and equitably sharing benefits from their commercialization, and the role of IP in access to and benefit-sharing in GRs.


Assuntos
Propriedade Intelectual , Cultura , Fenômenos Genéticos
8.
Phytomedicine ; 53: 332-343, 2019 Feb.
Artigo em Inglês | MEDLINE | ID: mdl-30318154

RESUMO

BACKGROUND: When in 1992 the Convention on Biological Diversity was adopted, it was a response to centuries of exploitative use of biodiversity and to a lack of recognition of the rights of the countries and regions of origin. At the same time, it was an outcome of the increasing drive, especially in many European and American countries, to ascertain more equitable sharing of wealth between the global North and South. It is a result of negotiations between states and driven by political consensus. AIM: With this review we aim to assess the situation 25 years after the adoption of the CBD, provide an overview on how we got to the current framework and offer a perspective on how such access rights and equitable benefit sharing can be ascertained. OUTCOMES AND DISCUSSION: Without doubt the CBD has resulted in a new framework for providing and securing access to biodiversity and for equitable benefit sharing. It has since been developed and amended in numerous treaties and protocols, most recently the Nagoya Protocol. This development is both driven by the historical experience of many countries in the exploitative extractions of biodiversity, and indigenous peoples' drive for the recognition of their rights. Examples of exploitative use of biodiversity include the species yielding quinine and rubber. Using Lepidium meyenii Walp. as an example, we assess the current patent basis and highlight why in this case equitable benefit sharing proved to be impossible. Today, there are well-established principles in place to establish intellectual property rights, both with respect to a country's ownership of genetic resources, and a research entity's invention based on them. There remains, however, a lack of investment as well as research and development opportunities based on these internationally binding agreements. In line with the aims of our review, this paper includes an overview on how the current patenting system can be used to ensure that the goals of the CBD can be achieved. CONCLUSION: In the context of the centuries of exploitative use of biodiversity, 25 years is a short time span and this review reiterates Posey and Dutfields' call (1996) to companies or other outside organization for developing 'a relationship in which the community is an equal partner'.


Assuntos
Biodiversidade , Patentes como Assunto , Plantas Medicinais/química , Desenvolvimento Sustentável , Produtos Biológicos/farmacologia , Euphorbia/química , Humanos , Propriedade Intelectual , Cooperação Internacional , Lepidium , Propriedade
9.
Recent Pat Biotechnol ; 12(4): 288-296, 2018.
Artigo em Inglês | MEDLINE | ID: mdl-30156167

RESUMO

BACKGROUND: Propolis is a resinous complex produced by Apis mellifera L. bees whose variety of pharmacological properties results from the complexity of its composition. In dentistry, propolis is used on the prevention of oral diseases such as dental caries and gingivitis. Prospective studies in intellectual property banks are important to increase market competitiveness and thus generate new products in the various research areas. In this way, investments in patents play an important role in the technological and economic development of a country. OBJECTIVE: To evaluate patents with dental products containing propolis, on intellectual property banks. METHOD: The research was conducted in 10 banks of intellectual property, including since the first deposits up to 2016. Relevant information that describes the invention in the patent document were collected, processed and described. RESULTS: The search performed in 62 patents using propolis in the dental topic. World Intellectual Property Organization (WIPO) has the largest number of filing patents (83.60%) and the National Institute of Industrial Property (INPI) in third place with 4 patents (6.55%). Built-in dental cream with propolis was the most patented product. The first patent date of 1998, followed by an increase in the number of deposits in the last 20 years. Most of the patents are A61K code (51) for medical, dental or hygienic purposes. CONCLUSION: This study has shown that propolis is a promising bioactive component in dental products, especially for use in Cariology and Periodontology. Although there has been a significant progress in applications of propolis, the field of dental products is still a growing area and it is important to encourage innovation and development of new products incorporating propolis based on knowledge of its composition and therapeutic properties.


Assuntos
Cárie Dentária/prevenção & controle , Própole/uso terapêutico , Animais , Abelhas/metabolismo , Cárie Dentária/patologia , Humanos , Propriedade Intelectual , Patentes como Assunto
10.
Zhongguo Zhong Yao Za Zhi ; 43(7): 1501-1506, 2018 Apr.
Artigo em Chinês | MEDLINE | ID: mdl-29728043

RESUMO

At the beginning of the ancient "Silk Road", traditional Chinese medicine resources (TCM resources) have long been integrated into it, and it was once the "important part" of the ancient "Silk Road" in Chinese history, benefited from this, the political connections was strengthened, the economic and trade was developed, and Chinese medicine culture was spread. Before Qing Dynasty, people took out the "silk" and brought back "herbs" on the "Silk Road", which enriched China's medicinal resources. While in the later Qing Dynasty and the period of the Republic of China, more scientific and technological methods were brought back from abroad, and this in turn enriched the medical research methods. With more than 2 000 years' development, China's boundaries have changed countless times, therefore the word "Foreign" has different meanings in different historical periods. The import, development and utilization of foreign TCM resources is different in different historical periods, at present, with the continuous enhancement of China's comprehensiv national strength,especially the "Belt And Road" strategy, the communication and import of TCM resources with countries that participating in the "Belt and Road" initiativ became much easier. In order to actively respond to the "Belt and Road" initiative promote the development and utilization of foreign medicinal resources; serve people from the countries participating in the "Belt and Road" initiative we sorted out the foreign TCM resources from different periods in ancient and modern China, and based on this, we proposed the strategy of import of foreign TCM resources under the new situation, those are: "three levels, four steps, one support and one key". And "three levels" refers to intelligence collection level, field investigation level, scientific research level, "Four steps" refers to the original identification research, safety evaluation research, functional positioning research and medicinal properties research; "One support" refers to relying on overseas Chinese or Chinese enterprises with working foundation and network resources, "One key" refers to the protection of the intellectual property rights of foreign TCM resources at the policy level and to mobilize the initiative of all parties.


Assuntos
Internacionalidade , Medicina Tradicional Chinesa , China , Propriedade Intelectual , Políticas , Projetos de Pesquisa
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