Patenting Biotechnological Inventions

The Dissertation will take the form of a contents page, an Introduction, 3 Chapters and a conclusion.

The first chapter would evaluate the theoretical justifications for the existence of an anticommons. It should:
Evaluate the economic justification of the patent institution (however, as a law student, I would defer from going into too much mathematical/economical detail)
Introduce Hardin"s Commons Theory
Evaluate the suitability of property rights being applied to intellectual property
Evaluate the suitability of Hardin"s Theory to intellectual Property
Introduce the Anticommons theory
Outline the practical examples of the Anticommons theory in Biotechnology
Evaluate Walsh et al"s argument that no anticommons exists.

The second chapter will explore the substantive case law and legislation of the USA, EU/UK, India and International Sphere.
The chapter will aim to assess how various jurisdcitions have responded to the anticommons in their case law or legislation.
In paraticular, this chapter must explore how different countries have adapted their laws to ensure that the patent system achieves it"s objectives of encouraging innovation while providing an economic incentive for researchers.
The primary focus should be on cases like Association for Molecular Pathology v Myriad Genetics and Madey v Duke University and how governments have reacted to prevent an anticommons like situation from occuring through the judicial interpretation of the patenting criteria. It would also be extremely essential to reflect on the case law in the UK, being in an English University.
The chapter will also evaluate various policy tools and solutions that have been offered to counter an anticommons situation, such as patent pools, CDOs and other means.

The third chapter will explore the wider social and economic implications of the anticommons in the context of patent law in general.
Explore the impact of aggressive patenting on agriculture - looking at issues like bio-piracy among developing countries.