The legal context of intellectual property rights and marine biotechnology

Author:

Scott Geoffrey R.

Publisher

Elsevier BV

Subject

Management, Monitoring, Policy and Law,Aquatic Science,Oceanography

Reference304 articles.

1. Marine Biotechnology: Competing in the 21st Century, A Sea Grant Initiative, National Oceanic and Atmospheric Service, www.mdsg.umd.edu:80/NSGO/research/biotech/initiative. Cicin-Sain B, Knecht RW, Bouman LD, Fisk GW. Emerging issues in the development of marine biotechnology. In Mann Borghese E. et al., editors. Ocean yearbook 5. University of Chicago Press, Chicago, 1996.

2. Biotechnology in a global economy OTA-BA-495, US Congress, Office of Technology Assessment, Washington, DC, October 1991 at 203. The Federal government has allocated substantial resources for biotechnological research and development. In addition to providing funding, the Bayh–Dole Act of 1980 specifically amended the US Patent Act so as to address patents that had been developed with Federal Assistance. 35 USC 200. The Stevenson–Wylde Technology Innovations Act was also promulgated in 1980. As amended by the Federal Technology Transfer Act of 1986, it was designed to promote the sharing of national technological development with local entities. Other activity has included The Technology Competitiveness Act (1988). (P)oliticians have begun to see marine biotechnology as something more than an esoteric science. With a market value of close to $1.1 billion in 2010 and an average annual growth rate of 17%, it is apparent that marine biotechnology is becoming a truly major economic contributor in the coming decade. Substantial funding for R&D in marine sciences is occurring on a worldwide basis. Although the US is lagging behind Japan and the European Community in total investment expenditures, recent modest additions to state and federal government spending are helping to narrow the gap. US government-sponsored programs such as Sea Grant and state-sponsored centers such as the Maryland Center for Marine Biotechnology enable their pursuit of important research objectives on a long term basis. Biotechnology/Medicine: New Polymers From the Sea, Industries in Transition, February 1995. According to a recently released Business Communications Company, Inc. study, New Developments in Marine Biotechnology, the total market for marine biotechnology was estimated at $52.9 mil in 1993. By 1998 the market is expected to expand dramatically to reach $271 mil level as these nascent markets begin to emerge …’ New Developments in Marine Biotechnology, Research Studies 1, February 1995.

3. 21st Century, op. cit. Ref. [1], p. 2. See Goldsmith MF. Researchers look forward to sea granting gifts. J. Am. Med. Assoc. 1996;275, quoting Professor William Fenical, Professor of Oceanography at the Scripts Institution of Oceanography and Medicine, University of California who identifies Japan as the most serious competitor with US interest in marine microbiology.

4. 21st Century, op. cit. Ref. [1], p. 2. See also, Goldsmith, op. cit. Ref. [3], p. 275–77, referencing the importance of the Sea Grant College Program and identifying research at a number of the 29 member universities. Bryant G. An unpublished paper on Marine Biotechnology in the 21st Century submitted in The Marine Policy Seminar at the University of Delaware, Graduate College of Marine Studies, Spring 1996.

5. ‘Biotechnology can be defined as the application of scientific and engineering principles to provide goods and services through mediation of biological agents’. (Adapted from a definition in Biotechnology: International Trends and Perspectives by Alan T. Bull, Geofrey Hold and Malcolm D. Lilly, Organisation for Economic Cooperation and Development, Paris, 1982, p. 21). A Report on Marine Biotechnology of The Sea Grant College Program, The National Oceanic and Atmospheric Administration, December 31, 1996, p. 2. The report can be found at www.mdsg.edu:80/NSGO/research/biotech/report96. See, the Testimony before the House Committee on Merchant Marine and Fisheries and the Subcommittee on Environment and Natural Resources, 9 November 1993, of Dr Michael R. Grever, Associate Director, Development and Therapeutic Programs, National Cancer Institute, detailing the role of marine and other microorganisms in the treatment of disease and the development of health-care systems. The goods and services include the products of agriculture, the fishery, food processing and the pharmaceutical and bioremediation industries. For an excellent search engine compiling information on marine biotechnology see Savvy Search for marine biology at http://www.paganini.cs.colostate.edu. For an excellent general explication of biotechnology techniques and products see Burk DL. A biotechnology primer. University of Pittsburgh Law Rev. 1994;55:611.

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