DNA Sequences & Gene Patents
- IJLLR Journal
- 4 hours ago
- 1 min read
Tirth Acharya, Unitedworld School of Law, Karnavati University, Gandhinagar
Dr. Aseem Chandra Paliwal [Asst. Professor], Unitedworld School of Law, Karnavati University, Gandhinagar
ABSTRACT
The intersection of biotechnology and intellectual property law has given rise to controversial discussions related to gene patenting in ethical, legal, and commercial terms. This text will look into the advancements made in the area of DNA sequencing followed by gene patents, reflecting on the growth of these gene patents from key scientific breakthroughs to main legal cases, including Diamond v. Chakrabarty and Association for Molecular Pathology v. Myriad Genetics. It further sketches the different genres under which gene patents fall: disease gene, composition of matter, and functional use while at the same time surveying the world legal landscape in focus and contrasting the United States with EU and India in terms of approach. This paper examines how gene patents stimulate innovation and attract investments, particularly in biotechnology and pharmaceutical industries, and at the same time open them to monopolizing very important genetic data, restricting research, and inflating the cost of healthcare. The paper presents natural and altered genetic sequences as well as the bioethical dilemmas and socio- economic implications accompanying gene ownership. It advocates the creation of a balanced legal framework facilitating advancement in science without compromising equitable access to genetic therapies and diagnostics. This paper, through critical analysis, calls for global harmonization of gene patent laws, bringing about greater transparency in licensing and inclusive biotech development for the public good.
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