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篇名
Fostering Innovation and Affordability: An Empirical Study Delving into Intellectual Property Protection of Human Stem Cell Based Invention/Innovation
作者 Arif Jamil (Arif Jamil)Tania Sultana Bonny (Tania Sultana Bonny)
中文摘要
The research article is based on the quantitative analysis of six (6) questions from the thirteen (13) questions comprising the questionnaire used in the doctoral study of the first author. The survey was conducted over a span of five months and 31 respondents from 16 different countries participated in the study. The survey questionnaire being a 'mixed-type' was analyzed both quantitatively and qualitatively. This article is the publication of the quantitative analysis of those six (6) questions that deal with the intellectual property protection of human Stem Cell based Inventions/ Innovations (hSCI). The study investigated the appropriateness of the patent system for hSCI. The respondents having diverse background on Intellectual Property Right (IPR), bioethics and life science made substantial contribution in understanding the future IPR protection for hSCI. However, due to constraint in sample size, very few results from the logistic regression relationship analysis of different variables were statistically significant. While the existing patent system was favored by the legal professionals for the protection of hSCI, the respondents from the countries of high income economy are interested to see a new legal framework for inventions that uses the biological material of human origin and targeted to heath care. The elderly age group (51-65 years) did not support the proprietary nature of the IPR for hSCI. As the patent system works more territorially, than internationally, developing a new international legal framework for the intellectual property protection of hSCI or inventions that use the biological material of human origin is also a challenging task, considering the prevailing differences of opinion on ethical issues among the countries. There can be some changes in the patent system to pave the way for wider access to the therapy, but the idea of developing a new legal framework for those inventions targeted to health care found support to serve that purpose as well.
起訖頁 133-163
關鍵詞 Stem cellinventioninnovationpatent
刊名 NTUT Journal of Intellectual Property Law and Management  
期數 201412 (3:2期)
出版單位 國立臺北科技大學智慧財產權研究所
該期刊-上一篇 Transparency for Efficiency of the International Patent System
該期刊-下一篇 Judicial Standard for the Well-Knownness of Trademarks in the Hotel Industry under the Case Law of the Taiwan Intellectual Property Court
 

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