THE FACULTY OF LAW
Faculty and Staff

Eddy Ventose

Eddy Ventose
Title: Professor of Law
Additional Titles: Campus Coordinator, Graduate Studies and Research, Head, Intellectual Property Unit, Attorney-at-Law Barbados, St. Kitts and Nevis and Saint Lucia, Solicitor (non-practising) England and Wales.
Qualifications: LL.B. (UWI); LL.M. (Cantab); D.Phil. (Oxon); PG Dip (Legal Practice) (OXILP); L.E.C. HWLS)
Teaching Areas: Undergraduate:
Intellectual Property (LAW3760) Course Director, Law of Contract II (LAW2110) Course Director, Administrative Law (LAW2710) Course Director

Postgraduate:
Advanced Intellectual Property Law (LAW6470)Course Director, Banking Law (LAW6010) Course Director, E-Commerce Law (LAW6020) Course Director


Research Supervision: I am currently supervising two PhD candidates researching aspects of telecommunications law and corporate law contracts. I welcome potential research students with interest in intellectual property, public law, e-commerce law and corporate law.
Biography: Before joining the Faculty of Law as a Lecturer in Law in 2006, Professor Ventose trained at Slaughter and May in London, the UK’s most prestigious law firm, qualifying as a Solicitor of the Supreme Court of England and Wales in 2006. Five years later, in August 2011, he was promoted to Senior Lecturer in Law, and was further promoted to the rank of Professor of Law in May, 2012, at the age of 35, making him the youngest person in the history of the UWI to be promoted to a personal professorship. Professor Ventose previously held the position of Deputy Dean (Graduate Studies and Research) and Director of the LLM Programmes in the Faculty of Law. He is the Head, Intellectual Property Unit and a WTO consultant on Trade Related aspects of Intellectual Property Rights. Professor Ventose has advised regional organisations on intellectual property, telecommunications, and electronic commerce matters. In 2011, he was awarded the Principal’s Award for Excellence in Research for the academic year 2010-11; and, in 2012, Professor Ventose was awarded the coveted Vice-Chancellor’s Award for Excellence in the category of Research Accomplishments.
Research:
Professor Ventose’s main research interests lies in the application of legal principles, including particular patent law, to the medical field, and the regulation of medicines and pharmaceuticals. His interests broadly relate to, on the one hand, the ways in which patent law can foster research and innovation in the pharmaceutical industry, and, on the other hand, the ways in which in doing so it may encroach on the activities of physicians when they treat their patients.

To date, he has focused on three main areas in relation to intellectual property law, first, whether patent protection may be provided for methods of treatment of the human or animal body by surgery, therapy and diagnostic methods practiced on the human or animal body; second, whether the development of new dosage or treatment regimes are patentable; and, third, the impact of the exclusion for methods of medical treatment will have on new technologies, namely, gene therapy, genetic production of diagnostic aids, cell bombardments, stem cell research and nanotechnology therapy. 
 
In addition, Professor Ventose also has an interest in public law generally, including administrative Law, constitutional law and human rights law. He is currently working another book entitled, Commonwealth Caribbean Administrative Law, which will be published by Routledge Cavendish (London) in November, 2012. It will cover the following areas: applying for judicial review; claimants and standing; defendants and decisions subject to judicial review; exclusion of judicial review; jurisdiction over fact and law; retention of discretion; abuse of discretion; legitimate expectations; standard of review; human rights violations; Caribbean Community law; procedural fairness; the right to reasons; the rule against bias; tribunal and inquiries; public law remedies and private law remedies.

Staff Publications:
Refereed Publications
 
Books
 
Medical Patent Law: The Challenges of Medical Treatments (Edward Elgar Publishing August, 2011)
                       
Commonwealth Caribbean Administrative Law (Routledge-Cavendish, London, November, 2012)
 
Patenting Medical and Genetic Diagnostic Methods (Edward Elgar Publishing, February, 2013)

Commonwealth Caribbean Intellectual Property Law (forthcoming with Routledge-Cavendish, London, 2015)
 
 
Book Chapters
 
Legitimate Expectations, International Treaties and the Caribbean Court of Justice (Transitions in Caribbean Law: Law-Making, Constitutionalism and the Convergence of National and International Law (2012) (Berry and Robinson (eds) forthcoming Ian Randle Publishers)
 
The Saint Lucia Legal System, in Legal Systems of the World: A Political, Social and Cultural Encyclopedia, 2001 (with K.D. Anthony).

 
Articles

 
Legitimate Expectations; Governmental Policy and the Queen’s Chain (2003) 8 Caribbean Law Bulletin 12
 
Patent Protection for Diagnostic Methods Under the European Patent Convention 38 International Review of Intellectual Property and Competition Law 345
                       
Making Sense of the Decision of the Enlarged Board of Appeal in CYGNUS/Diagnostic method [2008] European Intellectual Property Review 145
 
Patent Protection for Methods of Medical Treatment in the United Kingdom [2008] Intellectual Property Quarterly 58
 
No European Patents for Second uses of Devices or Instruments [2008] European Intellectual Property Review 11
 
Patent Protection for Surgical Methods Under the European Patent Convention 39 International Review of Intellectual Property and Competition Law 58 (2008)
 
‘Farming’ out an Exception to the Exclusion of Methods of Medical Treatment under the European Patent Convention (2008) European Intellectual Property Review 509
 
In the Footsteps of the Framers of the European Patent Convention: Examining the Travaux Preparatoires (2009) European Intellectual Property Review 353
 
Patent Protection for Second and Further Medical Uses Under the European Patent Convention (2009) SCRIPTed – A Journal of Law, Technology & Society 57
 
‘The Byzantine Logic of Patent Law Jurisprudence’: Patent Protection for Dosage Regimes Revisited (2009) Journal of Intellectual Property Law and Practice 415
 
Disclaiming Methods of Medical Treatment from Patent Protection Under the European Patent Convention (2009) Journal of Intellectual Property Law and Practice 706
 
Protecting Personality Rights in the Commonwealth Caribbean (2009) Journal of Intellectual Property Law and Practice 904 (with N Corthesy)
 
Constitutional Protection for Magistrates in the Commonwealth Caribbean (2009) Public Law 431
 
The House of Lords Clarifies “Biogen Insufficiency” (2009) SCRIPTed – A Journal of Law, Technology & Society 718
 
Yesterday’s Heresy, Today’s Orthodoxy: Exemplary Damages for Breach of Contract in the Commonwealth Caribbean (2010) 10 Oxford University Commonwealth Law Journal 149
 
Patent Protection for Therapeutic Methods under the European Patent Convention (2010) European Intellectual Property Review 120
           
Protecting Legitimate Expectations in Barbados Public Law (2010) West Indian Law Journal 117
 
Damages for Constitutional Infringements: Compensation and Vindication (2010) 36 Commonwealth Law Bulletin 235
 
The Concept of Authorization and Infringement of Copyright on the Internet (with J Forrester) (2010) Journal of Internet Law 3
 
Patenting Surgical Methods in Europe after MEDI-PHYSICS (2011) Journal of Intellectual Property Law and Practice 108
 
Collateral Relief and Alternative Remedies in Constitutional Litigation in the Commonwealth Caribbean (2011) Commonwealth Law Bulletin 91
 
Patent Protection for Dosage Regimes in Europe: A Dissenting View (2011) Journal of Intellectual Property Law and Practice 238
 
Privatization and Constitutional Protection for Public Officers in the Commonwealth Caribbean (with G McDonald) (2011) Public Law 498
 
Judicial Review of the Discretion of the Director of Public Prosecutions under Commonwealth Caribbean Constitution (2011) West Indian Law Journal 81
 
Public Law aspects of Employment of Magistrates in the Commonwealth Caribbean (2011) Commonwealth Law Bulletin 521
 
Constitutionality of Removals of Magistrates in the Commonwealth Caribbean (2012) Commonwealth Law Bulletin 199
 
Current Legal Developments: The New Constitutional Order: Recent Privy Council Death Penalty Decisions, (2000) 5 Caribbean Law Bulletin
 
Exclusion of methods of treatment of the human or animal body by surgery from patent protection (2007) Journal of Intellectual Property Law and Practice 574
 
Patenting treatment or dosage regimes under Articles 53(c) and 54(5) of the European Patent Convention 2000 (2008) Journal of Intellectual Property Law and Practice 540
 
Exclusion and Objection of Board Members at the European Patent Office [2009] Journal of Intellectual Property Law and Practice 526
 
‘Vindicatory Damages’ for breach of Constitutional Rights in the Commonwealth Caribbean (2009) 125 Law Quarterly Review 247
 
The Standard of Proof Applicable to Substantive Examination of United Kingdom Patents (2009) Journal of Intellectual Property Law and Practice 302
 
Legitimate Expectations in English Public Law after ex parte Bhatt Murphy (2009) 125 Law Quarterly Review 578
 
New Developments in Patent Protection for the Myriad’s BRAC 1 Gene at the European Patent Office (2009) Journal of Intellectual Property Law and Practice 771
 
Search and you will find: Google AdWords and Trade Mark Protection (2010) Journal of Intellectual Property Law and Practice 74
 
The Enlarged Board of Appeal rules on the scope of the exclusion from patent protection for methods for treatment of the human or animal body by surgery (2010) Journal of Intellectual Property Law and Practice 393
 
Patent protection for Dosage regimes under the European Patent Convention 2000 (2010) Journal of Intellectual Property Law and Practice 474
 
Ownership and Renewal Rights in Bob Marley’s Albums (2011) Journal of Intellectual Property Law and Practice 15
 
Holy Smokes! British American Tobacco loses trade mark challenge in the Commonwealth Caribbean (2011) Journal of Intellectual Property Law and Practice 75
 
The Enlarged Board of Appeal rules on the interpretation of “pending European patent application” (2011) Journal of Intellectual Property Law and Practice 137
 
Legitimate Expectations and Due Process of Law in Commonwealth Caribbean Public Law (2011] Law Quarterly Review 34
 
ECJ Rules on Legislative Limitations on Copyright Protection for Designs in Europe (2011) Journal of Intellectual Property Law and Practice 367
 
Patent Protection for “Dosage Regimes” in the United States after Bilski v Kappos (2011) Journal of Intellectual Property Law and Practice 423
 
Advocate General rules on trade mark protection for Budweiser in the United Kingdom (2011) Journal of Intellectual Property Law and Practice 429
 
Patent Protection for the BRCA1 gene and Genetic Diagnostic Methods in the United States (2012) Journal of Intellectual Property Law and Practice 7
 
Patenting Methods of Medical Treatment in the United States (2012) Journal of Intellectual Property Law and Practice 80
 
Federal Circuit Clarifies Patent Unenforceability for Inequitable Conduct (2012) Journal of Intellectual Property Law and Practice 551
 
Second Circuit Clarifies the Scope of the ‘Safe Harbor’ Provision in the Digital Millennium Copyright Act (2012) Journal of Intellectual Property Law and Practice 648
 
Google AdWords and Trademark Infringement in the United States (2012) Journal of Intellectual Property Law and Practice 705

Patent Protection for Diagnostic Methods in the United States the Federal Circuit forays yet again into the patent-eligibility morass of section 101 (2013) Journal of Intellectual Property Law and Practice 345

Judicial Review of Government’s Economic Policies in the Commonwealth Caribbean  (2013) Commonwealth Law Bulletin 359
 
United States Supreme Court affirms Plant Patentee’s Rights (2013) Journal of Intellectual Property Law and Practice 745
 
Clarifying the law relating to Double Jeopardy in Patent Litigation (2013) Journal of Intellectual Property Law and Practice 900
 
Patent Protection for Diagnostic Testing for Down’s Syndrome [2014] European Intellectual Property Review 44

Australian High Court rules on Patentability of Methods of Medical Treatment (2014) Journal of Intellectual Property Law and Practice 258
 
Judicial Review of the Constituency Boundaries Commission in the Commonwealth Caribbean (forthcoming in Commonwealth Law Bulletin (2014))
 
Managing the “Risky” Business of Patenting in the United States (with T Harris) (2014) European Intellectual Property Review 15
 
Federal Circuit Rules that Cloned Animals are not Patentable  (forthcoming in Journal of Intellectual Property Law and Practice (2014)
 


Additional Information:
Contact: eddy.ventose@cavehill.uwi.edu ; Office number: (246) 417-4236
Faculty of Law
Tel.: (246) 417-4224    Fax: (246) 424-1788   Email: lawdean@cavehill.uwi.edu