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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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