PATENTS AND GENETIC ENGINEERING TECHNOLOGIES: A REVIEW OF JUDICIAL DECISIONS

Abstract

Different classes of people have raised moral objections on a number of times against granting patents on living organisms. There has been a recent focus on patents partly because the corporate world is only concerned with economic returns and the market prospect of a genetic product. The purpose of this article is to revisit the debate on the patent of genetic engineering technologies and provide partial recommendations on rationalising patent protection while mitigating moral arguments. This article re-examines the intellectual property frameworks as well as case laws regarding biological materials in selected countries i.e., Europe, the United States of America, Australia, Malaysia, and under international agreements such as the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This article is based on primary as well as secondary materials that have been written on the patent of life forms and genetic research. There is an inconsistency between philosophical principles and the implementation of biotechnology patents due to the existing economic, political, and ideological conditions among countries, along with existing divergences in the field of genetically engineered technologies. Hence, during such circumstances, the most coherent position is to proceed with vigilance as it is not possible to shut down bio-industrialisation. One such vigilant pathway in the presence of contemporary evidence to minimise commercialisation of life science creations. Patents of genetically engineered products should be strictly monitored to fulfil commitment towards international human rights, which is to provide reasonably priced healthcare and medical treatment.