Werner, Georg Entnahme und Patentierung menschlicher Körpersubstanzen. Eine zivil- und patentrechtliche Beurteilung am Beispiel von menschlichen Antikörpern und Genen
2008. XVIII, 254 pages. GEuWR 19
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Georg WernerEntnahme und Patentierung menschlicher KörpersubstanzenEine zivil- und patentrechtliche Beurteilung am Beispiel von menschlichen Antikörpern und Genen
[The Removal of and Granting of a Patent for Human Bodily Substances. An Assessment from the Perspective of Civil and Patent Law Exemplified by Human Antibodies and Genes.]Published in German. Based on an authentic case, Georg Werner studies how the rights of a donor to his bodily substances affect a patent which has been or will be issued if the invention leading to the patent is based mainly on the bodily substances of the donor. In order to weigh the rights of the donor against those of the inventor and to put these into proper balance, the author begins by studying the donor's rights to his bodily substances or his genetic information and then the inventor's rights to his patent. He then compares these rights and analyzes the legal consequences for the patent for which an application has been made or which has already been issued. In doing so, he differentiates between the case in which bodily substances have been removed illegally and the case in which these have been made use of without the donor's agreement, and differentiates in his conclusions.
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