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1 Hastings Sci. & Tech. L.J. [i] (2009)

handle is hein.journals/hascietlj1 and id is 1 raw text is: HASTINGS SCIENCE & TECHNOLOGY LAW JOURNAL VOLUME 1 WINTER 2009 NUMBER 1 Table of Contents ARTICLES IS INTELLECTUAL PROPERTY A HURDLE FOR TRANSFERRING TECHNOLOGY TO DEVELOPING COUNTRIES? IF so, How HIGH OF A HURDLE? by C ecily A nne O 'R egan .................................................................................................. 1 It might appear that intellectual property protection has a positive impact on a country's economic development. According to Professor Franqois Dessemontet, there is a strong correlation between the rate of patents sought by enterprise and the general level of economic developments. However, it would be arrogant to presume that a one-size-fits-all approach toward intellectual property protection would work for developing countries. In fact, as noted by Sir Hugh Laddie, [flor too long intellectual property rights have been regarded as food for the rich countries and poison for poor countries ... Poor countries may find them useful provided they are accommodated to suit local palates. The... appropriate diet for each developing country needs to be decided on the basis of what is best for its development, and that the international community and governments in all countries should take decisions with that in mind. This essay explores whether intellectual property rights serve as a hurdle for the transfer of technology to developing countries, or whether there are other, subtler influences at work. This essay also explores whether other mechanisms can be employed to encourage the transfer of technology to developing countries. REACH-THROUGH RIGHTS AND THE PATENTABILITY, ENFORCEMENT, AND LICENSING OF PATENTS ON DRUG DISCOVERY TOOLS by Alfred C. Server, M.D., Ph.D., Nader Mousavi, and Jane M. Love, Ph.D .......... 21 A novel, nonobvious Discovery Tool and its use can be the subject of valid patent claims, but patent claims that reach through to cover as-of-yet-undiscovered drug products generally fail to meet the written description and enablement requirements of 35 U.S.C. § 112. Notwithstanding the Supreme Court's broad reading of the scope of the statutory exemption to infringement-under 35 U.S.C. § 271(e)(1)-in Merck v. Integra, and the occasionally misapplied common law experimental use exception, valid claims to Discovery Tools and their use are enforceable against unauthorized users. This article analyzes the

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