A Study on Biotechnological Research Tools from the Viewpoint of Patent Law and Competition Law
Date Issued
2008
Date
2008
Author(s)
Chung, Shih-min
Abstract
Biotechnology industry has boomed over the past few decades. This might be due to the development of biotechnological research tools such as recombinant DNA techniques and other inventions allowing scientists for studying genome projects. Research tools can accomplish not only a task but also further scientific discovery effectively, whereby they are viewed as significant roles in the biotechnology field. Because of their significance and high value, when research tools are patented, numerous problems stemming from competing interests and restrained research freedom arise. However, patent protection is critical to commercializing research tools, and without patent protection, firms can suffer such a risk being unable to obtain revenue that impedes their incentives to develop and disclose their inventions. Therefore, this thesis addresses the issue of how to balance the protection of patents and the dissemination of research tools. his thesis divides into five chapters. Chapter 2 defines the biotechnological research tools and discusses the patentability of biotechnological research tools. In addition, Chapter 2 also addresses the problems that would arise after research tools are patented and how to deal with them from the viewpoint of competition law. Chapter 3 adopts comparative study methods to analyze recent developments of experimental use exceptions and compulsory licensing regimes in U.S., EU and Japan. Finally this chapter summarizes the interpretation of recent related cases and their applications on research tool patents. Chapter 4 analyzes our present legislation and tries to find out an effective way to facilitate dissemination of research tools. The conclusion of this thesis summarizes the ways to facilitate the access and flow of patented research tools in scientific research and commercial development.
Subjects
research tools
essential facilities
march-in right
compulsory licensing
experimental use exceptions
Type
thesis
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