LIJDLR

Biotechnology

BIOTECHNOLOGY AND INTELLECTUAL PROPERTY RIGHTS IN INDIA: LEGAL FRAMEWORK, CHALLENGES AND EMERGING JURISPRUDENCE

Volume III Issue III /

BIOTECHNOLOGY AND INTELLECTUAL PROPERTY RIGHTS IN INDIA: LEGAL FRAMEWORK, CHALLENGES AND EMERGING JURISPRUDENCE Anandhi A, LLM(IPR), Government law college, Trichy (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.107 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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PATENT LAW IN RELATION TO BIOTECHNOLOGY

Volume 1 Issue 1 /

PATENT LAW IN RELATION TO BIOTECHNOLOGY Tusharika Mohan Singh Gaharvar, Law Student at Amity Law School, Amity University, Lucknow Download Manuscript ABSTRACT A patent is an exclusive privilege given to an inventor that allows them to utilize their creation without hindrance from others for a period of 20 years. Given its enormous economic value, a patent can be regarded as one of the most significant types of intellectual property rights. The history of patents is extensive, and the laws governing them have changed throughout time based on societal needs, the pace of innovation, and the complexity of those innovations. The Patent Act, 1970, as amended by the Patents (Amendment) Act, 2005, and the Patents Act RULES, 2006, governs patent law in India. In addition to inspiring the development of several innovators and playing a significant part in enhancing the country’s health, biotechnology has emerged as a valuable instrument for many researchers. Biotechnology requires major expenditure and research; patenting biotech inventions is important in the current era. According to recent case law, biological elements or chemicals that are created in laboratories but previously unavailable in the natural environment have won the right to be patented. Thus, the Biotechnology Patents in India were developed in order to safeguard the inventor’s interests and rights to patentability. In India, the application and grant processes for biotechnology patents are drawn out and time-consuming.

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