trips: patenting of biotechnological inventions

Authors

saeed habiba

abstract

granting of intellectual property rights on biological materials could be very contentious issue from cultural, legal, ethical and religious points of view. this could be even more complicated, once it acquires an international dimension. the agreement on trade related intellectual property rights (trips) is the latest international arrangement under which, a complex structure for international protection of intellectual property rights has been created. however, while it embodies some provisions of pervious international documents on intellectual property rights, it reflects a unique and unprecedented scheme of protection of intellectual property rights, which also highlights a tension between developed and developing countries especially over the patentability of biological inventions. the provisions of trips make it difficult for developing countries to deny such protection. however, it is possible for them to limit the scope of such protection by relying on exceptions provided by trips and also by relying on the distinction between invention and discovery. these strategies would allow developing countries to exercise some discretion in defining the scope of patentable biotechnologies.

Upgrade to premium to download articles

Sign up to access the full text

Already have an account?login

similar resources

Patenting Biotechnological Inventions in Europe

The patent system has been able to provide the protection for the achievements of different technologies and in that way it has supported further development and growth of the industry where those achievements were implemented. Modern technologies like information technology and biotechnology with genetic engineering that appeared in the 70s have overgrown the frames of the existing patent syst...

full text

Patenting Biotechnological Inventions in Europe and the US

Biotechnology is a new technique for industries and specialists and is making astounding progress. Advances in biotechnology are so rapid that many things are now possible, which, even a few years ago, would have seemed unimaginable.2 It is a type of genetic engineering in medical and veterinary research resulting in modified productions and improved animal breeds.3 It is the use of microorgani...

full text

Patenting of Genetic Inventions

The genetic inventions in the patent system are similar to chemical inventions. Genetic inventions that are patentable include genetic materials such as DNA, RNA, cDNA, EST’s (Expressed Sequence Tags), SNPs (Single Nucleotide Polymorphs) and recombinant vectors. These inventions need to satisfy the criteria of patentability such as novelty, nonobviousness, utility, enablement and sufficiency of...

full text

Patenting Personalized Medicine Inventions after Myriad

The Federal Circuit’s recent decision in Assoc. for Mol. Pathology v. USPTO (2010-1406) (informally referred to as the Myriad decision), provides some clarity to entrepreneurs and scientists working in the personalized medicine industry. The Court overturned the district court decision and confirmed that isolated DNA molecules are patent eligible subject matter as they “have a distinctive chemi...

full text

TRIPs-Plus Treaties and Strengthening Protection of Pharmaceutical Inventions

After concluding TRIPs agreement, the sphere of negotiation in respect of protecting new kinds of intellectual property rights especially pharmaceutical inventions transferred to bilateral and regional arrangements. TRIPs agreement has some flexibility to attract all countries. Industrialized countries believed that multilateral agreements protections based especially in regard of pharmaceutica...

full text

Indian Patent Law On Biotechnological Inventions

APBN • Vol. 4 • No. 4 • 2000 79 Provisions of the Patents Act, 1970 Unlike the patent laws of most developed and even some developing countries, the current patent law in India, viz. the Patents Act, 1970, does not explicitly exclude or include any biological matter. For instance, the European Patent Convention explicitly excludes the patenting of plant and animal varieties and essentially biol...

full text

My Resources

Save resource for easier access later


Journal title:
the international journal of humanities

Publisher: tarbiat modarres university

ISSN 1735-5060

volume 16

issue 1 2009

Hosted on Doprax cloud platform doprax.com

copyright © 2015-2023