BIOTECHNOLOGY AND INTELLECTUAL PROPERTY RIGHTS IN INDIA: LEGAL FRAMEWORK, CHALLENGES AND EMERGING JURISPRUDENCE
Anandhi A, LLM(IPR), Government law college, Trichy (India)
This article examines the evolving relationship between biotechnology and intellectual property rights (IPRs) in India, highlighting legal, ethical, and global perspectives. It traces the development of Indian patent law from the exclusion of living organisms to the recognition of biotechnological inventions, shaped significantly by cases like Dimminaco AG v. Controller of Patents and amendments aligning with the TRIPS Agreement. The study explores patent eligibility criteria under the Patents Act, 1970, with emphasis on exclusions under Section 3, and the challenges of proving novelty, inventive step, and industrial applicability in biotechnology. It compares approaches in the United States, European Union, and India, analyzing judicial interpretations and ethical frameworks concerning patents on microorganisms, plants, animals, and human genetic material. While U.S. and European systems adopt broader protection, India maintains stricter exclusions influenced by cultural and moral values. The article also discusses emerging issues such as gene editing, AI-driven biotechnology, green biomanufacturing, and personalized medicine, underlining their legal and ethical implications. It concludes that while biotechnology patents are essential for innovation and societal benefit, they must coexist with ethical safeguards and balanced regulation to ensure progress without compromising human dignity, environmental sustainability, or traditional values.
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Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 3, Page 645–686. |
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