نحوه حمایت از ابداعات مهندسی ژنتیک در نظام حقوق مالکیت فکری و حقوق ایران

Considering abundant economic, moral and environmental effects of genetic engineering actions, method of protection shall be in way that considered economic, moral and environmental essentials are provided. For this purpose trademark system, unfair competition system, patent and contract system and ultimately patent system have been studied. Considering formal nature of patent system, it is the most appropriate protective system for protection of genetic engineering innovations. At present, considering Article 4 of Iran Patent, Industrial Design, Trademark and Tradename Act 1386, genetic engineering innovations aren’t protectable as patent. According to Biosafety Act 1388 these innovations are protected in trademark system. Based on this fact that this system isn’t appropriate system for providing considered essentials, it is necessary to modify Patent Act 1386 in way that this innovation is protectable. However we suggest that for providing considered essentials protection in Patent Act is provided to respecting these concerns.