Patentability Of Human Embryo, Gene And Other Life Forms: A Comparative Study Of Morality Clause On Patent Laws In India, EU And USA
- IJLLR Journal
- 30 minutes ago
- 1 min read
Ananya U S, BBA., LLB (Hons.), Sastra Deemed To Be University, Thirumalaisamudram, Thanjavur - 613401.
Dharanya V, BBA., LLB (Hons.), Sastra Deemed To Be University, Thirumalaisamudram, Thanjavur - 613401.
ABSTRACT
With the rising technological developments in the field of biotechnology with resulting biotechnology inventions the patentability of these inventions has always been controversial. The inventions in this field often raise ethical and legal questions. This paper encapsulates the concept of biotechnology patents, its patentability and the major hindrance in patenting these inventions, the morality clause. The morality clause, being the result of the Trade-Related aspects of Intellectual Property rights (TRIPS) agreement adopted in 1994, clearly established the principle relating to the inventions against public order, morality, human, animal, plant life or health under Article 27(2) and this has been widely recognised by various countries and the same has been incorporated in their patent laws. This paper specifically addresses the applicability of the morality clause for inventions relating to human embryos, genes and other life forms (genetically modified organisms, micro-organisms and transgenic animals) which often raise ethical and moral questions. It also further covers the views and applicability of the morality clause in different countries, specifically India, European Union and United States of America. This will help in understanding the difference in the patentability of biotechnology patents and the morality clause in India to other countries.
Keywords: Biotechnology patents, patentability, morality clause, TRIPS, human embryos, gene, other life forms.
