An Analysis Of Gene Patents In India: Legal, Economic And Ethical Implications

Nishica Srivastava, BA LLB (H), Amity Law School, Kolkata, West Bengal

ABSTRACT

Biotechnology is a rapidly evolving sector which involves the burgeoning field of genetic research and technology. Medical breakthroughs, advanced diagnostic techniques, genetically modified crops, genetic therapies all are boons of gene study and technology. It is no wonder then that along with this rapidly growing field, related supporting legal structures, such as gene patents, have also emerged and gained significance, as well as some notoriety over the years. The nature of gene patents has been frequently debated over and has led to it becoming a subject of multifaceted concern. This research paper aims to delve into the complex scope and provide a comprehensive analysis of the various implications of patenting genes.

On one hand, patenting genetic material leads to economic investment and fosters innovation but on the other hand, it may limit research and raises many ethical concerns such as the morality of commodification and commercialization of genetic material. Balance needs to be struck between protecting the rights of patent owners and respecting ethical boundaries and promoting the welfare of the public. Gene patents can be said to be a double edged sword, driving both economic gain and potential exploitation.

The legal scope of gene patents in India is cloudy and is in need of clarification and a well-defined legislative framework for patent eligibility of genetic material. This paper explores the timeline in-depth of the evolution of the landscape of gene patents in India and aims to highlight the much-needed legal clarity in this specific area. This paper highlights the legal, economic and ethical dimensions of gene patents in India and addresses the key issues which require critical evaluation.