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Biotechnology Patenting: Legal And Ethical Perspectives




Koushika P, VELS University


ABSTRACT


Intellectual property is an intangible property which is the creation of human mind. Protecting intellectual property is crucial in this competitive environment. Therefore, patents can be used to reward a researcher's scientific efforts by protecting their intellectual property. The relationship between humans and the environment is significantly impacted by technological advancements. The science of using biological systems and living things to develop novel goods or procedures is known as biotechnology. The patent's biotechnological innovation system comprises innovations in biology, microbiology, genetics, medicine, and agriculture. Bioprocess-related inventions are not just found in advancements in genetic engineering, but also incorporate substances from plants, animals, insects, and microbes. Due to technological breakthroughs and growing economic significance, biotechnology patenting in India has experienced tremendous expansion and development in recent years. The purpose of this research study is to examine the main obstacles and possibilities associated with biotechnology patenting in India as it is today. In order to interpret the Indian system of laws, rules, and case law, the paper will explore the international legal framework governing biotechnology patents, looking at pertinent conventions and treaties. Additionally, it will examine the standards for novelty, inventiveness, and industrial applicability that are technical and procedural criteria for biotechnology inventions to qualify for patents. With an emphasis on the distinctions between the US and India, the study examines the complexity of biotechnology patents. To sum up, this study will offer a thorough examination of biotechnology patenting in India. It will make suggestions for enhancing the patent system and encouraging creativity in the field of biotechnology.


Keywords: Biotechnology patenting, International and legal framework, Microorganisms, Technical and procedural requirements.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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