SOME ASPECTS OF THE APPLICATION OF NEW MEDICAL TECHNOLOGIES IN REPRODUCTION, THERAPY AND GENETIC MODIFICATION OF HUMANS, PLANTS AND ANIMALS THROUGH THE PRISM OF INTELLECTUAL PROPERTY RIGHTS PROTECTION IN SOUTH AFRICA

Abstract

This article aims to demonstrates some facets of the current state of legal regulation and ethical problems of application of new medical technologies in reproduction, therapy and genetic modification of humans, plants and animals through the prism of intellectual property rights protection and based on: the materials of a number of normative acts (laws, ministerial Regulations) of one of the BRICS countries - South Africe. In this format, based on analytical reflections over information taken from sources and literature from the list of sources and literature, as well as a number of legal provisions driven to life by the existence and application of such technologies and new knowledge; opinions, ideas and ethical and legal discussions, the article analyzes the provisions of South Africa's approaches that create patterns of application of new medical technologies, the potential and ethical and legal basis for such development, taking into account the current views of the doctrine and legislation. The relevance of this research is due to the fact that a number of approaches to legislation and ethical approaches under study are new and could not be considered in studies of an earlier period. Thus, this study serves to fill this gap. The author's results are presented in the light of the identified state interest within the framework of the liberal model of the relationship between law and bioethics in delineating the boundaries of permissible (notpermissible) use of new medical technologies in the field of reproduction and treatment of human, genetic modification of humans, animals and plants not only from the perspective of legal and ethical constraints, permissions and prohibitions but the implementation of the provisions of applicable South African legislation on the intellectual property rights protection, which, due to its examination request system, can not guarantee that the patented product - the result of genetic modification - can be freely used in South Africa with regard to the restrictions and prohibitions established by 2003 Act and relevant Regulations No. 175, 177, 180. The theoretical and practical significance of the results obtained is determined by the fact that Russian readers will be provided with up-to-date scientific information about the state of Indian legislation and doctrine, and other ideas in the field under study, which in practical terms will contribute to understanding the gap (or lack thereof) in the achievements in this field of Russian and foreign researchers and practitioners in terms of their implications at the level of practice and legislation.