Patent Regulation in the Field of Genome: Trends, Problems, Prospects

Abstract

The paper examines the situation that has developed in recent years in the field of patenting the results of genomic and genetic research and manipulation, the main trends and possible ways of developing relations and regulation in this area. This includes the role of Russia and the BRICS countries in the future world order, where genetic and genomic technologies and the fruits of their application will (and partly are already) one of the most important values. The author analyzes the existing and possible forms of securing rights to these values for copyright holders, and accounts the difference between genetics and genomics (and the gradual erosion of this difference with the appearance of «designer genes»). The author concludes that now there is no sufficiently developed, reasonable and workable alternative to the existing system of protection of the rights to the achievements of genetics and genomics while maintaining the expediency of searching for such an alternative. The existing system provides unreasonably many advantages to individual corporations and states that have managed to secure the largest possible amount of rights to the achievements of genetics and genomics. The paper analyzes some international acts designed to ensure a fair distribution of benefits between the owners of advanced technologies and the «suppliers» of the original genetic material. These have so far been undeservedly ignored in our country, but are gaining new significance in the course of the ongoing «genomic revolution» based on the mass application of the CRISPR-Cas genomic editing method. Possible directions for coordinated actions of the BRICS countries on patent cooperation in relation to the results of genomic and genetic research and manipulation are proposed. As one of the conclusions, it is indicated that the use of BRICS as a platform for building a better future for all mankind, and not only for patent holders, fully corresponds to the role and prospects of BRICS in the modern international system, stated in the Concept of the Participation of the Russian Federation in the BRICS association.