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Human Dignity and Biotechnological Patent Law
Human Dignity and Biotechnological Patent Law
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Author(s): Walsh Fryer, Marianne
ISBN No.: 9781041097716
Pages: 272
Year: 202603
Format: Trade Cloth (Hard Cover)
Price: $ 280.00
Dispatch delay: Dispatched between 7 to 15 days
Status: Available

"This book suggests a new legal framework to improve coherence in the definition of human dignity in European biotech patent law, by way of a novel court structure. Examining judicial interpretations of human dignity in biotechnological (biotech) patent law across European jurisdictions, the book looks at the European Court of Human Rights (ECtHR), the European Patent Office (EPO), the Court of Justice of the European Union (CJEU), and national courts. It explores how biotech patent law has shaped the concept of human dignity, influencing judicial reasoning beyond its original trade law context, most notably, the ECtHRs reliance on the CJEUs Brüstle judgment in the Parrillo case concerning the fate of human embryos. It raises critical questions about the emergence of divergent definitions of human dignity in these parallel legal systems, where the ECtHR and CJEU operate independently. Using a multidisciplinary approach, the book argues for a more coherent method, proposing the establishment of a final court of appeal to harmonise the legal understanding of human dignity in European biotech patent law, drawing on models from international and regional judicial bodies. The book will be of interest to researchers in the field of intellectual property law, patent law and human rights, as well as those working within biotechnology"-- Provided by publisher.


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