Ishaan Bahukhandi, Amity Law School, Noida
ABSTRACT
As the science and technology regarding the structure and functions of DNA, RNA, and other genetic molecules evolve with time, it becomes important to understand and amend the previously existing laws regarding the same. Genes and other nucleic acid-based patents caused a lot of controversy around the world in the past few years. It becomes important to understand the technicalities behind DNN, RNA, mRNA, cDNA, genes, and other genetic materials. A historical analysis of the Indian Patent laws concerning the TRIPS agreement also becomes essential. The concept of gene patenting under the Indian Patent laws with Section 3(C), Section 3(i) along with the draught manual of 2008 and 2011 of Patent Practice and Procedure helps in understanding that what type of genetic material can be patented and what cannot be patented. The case of Monsanto Technology LLC vs Nuziveedu Seeds Ltd does show some promising steps by the Supreme Court of India regarding this matter but the Apex Court failed to establish a clear law or a firm stand in this regard. The Indian Patent related to isolated nucleic acid molecule coding from human protein (Akt3) and various other examples of Indian patents helps in understanding how the patenting authorities interpret these laws. A comparative analysis with the European Union and the United States of America with their leading provisions and case laws also shows where our country stands on a global level. Analysing the new guidelines of 2013 and various other instances of the patent do show some hope that one day this concept or become much clearer but as of now confusion and debates still prevail and there is no clear stand regarding the subject matter.
