PROBLEMS OF COMMERCIALIZATION OF THE RESULTS OF GENE DIAGNOSTICS AS OBJECTS OF INNOVATION IN FOREIGN COUNTRIES

Abstract

The author examines the legal rules governing the relationship of gene diagnostics, which can be mandatory and optional for the use of certain legal relations. It is noted that the results obtained during the gene diagnostics can not always be used freely and bring benefits to those who conducted such a study. The exception is the Convention on Biological Diversity, in which most of its provisions on the beneficial use of research results are not binding. All other provisions analyzed, such as the Helsinki Declaration, the International Ethical Guidelines for Biomedical Research, the UNESCO Universal Declaration on the Human Genome and Human Rights, and the Universal Declaration on Bioethics, are not binding on them. The author notes that in most of the world’s law and order, the above Conventions form part of their legal system. The author emphasizes the importance of genetic diagnostics as an object of intellectual property and the need for its legal protection (TRIPS). It is concluded that at the global level, the issue of the commercialization of human biological resources remains unresolved and controversial.