The Interplay Of Patentability And Morality: A Comparative Study Of US, EU And India
- IJLLR Journal
- 3 hours ago
- 1 min read
Sunil Nisi Kumar A, Christ University, Bangalore
ABSTRACT:
Law and morality are always in loggerheads whenever any transmission takes place in the legal system of any orderly civil society. As we are heading into an uncertain technological future, a plethora of inventions are occurring all over the globe. Now, morality comes into the central focus point when an individual invents a product or process relating to biotechnology, AI, neurotech, pleasure patents hinges upon the moral conscience of the people. Recently, the Calcutta high court faced the dilemma of moral aspects of patentability while entertaining a petition regarding the decision of the controller General of patents, Designs, and Trademarks rejecting an application filed by the infamous company ITC limited relating to E-cigarettes. The concepts of morality and public order had been integrated in the article 27 of the TRIPS agreement and under section 3(b) of the Indian patents act,1970 in a very ambiguous manner. It is not the first time that the controller rejected the patent on the grounds of public order and morals. Considering the dynamic nature of morality, the controller has no compass to decide this complex issue rather than his own dimensions of morality. This paper ventures into analyses the legal regime relating to morality as a ground for rejecting the patents and also delves into how the standards of morality have been differing from India and European Union, US when such standards were incorporated into the Patent law landscape.
Keywords: Morality, Patentability, TRIPS, Biotechnology, Ordre Public
