Bio -Technology patents – Protection available under International Agreements II APPLICATION OF BIO- TECHNOLOGY TO FOOD AND AGRICULTURE (original) (raw)
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Plant biotechnological patents from the legal perspective
Journal of Biochemical Technology, 2009
The purpose of this article is to examine the extent to which plant biotechnological patent in terms of natural product which has human intervention, different from other product and the entitlement of such a patent whether it is the inventor or biological donor s patent? In addition, the article discusses how would one determine the value added” by the company s researchers as opposed to the value contributed by the original genetic material. Meanwhile, the poor farmers and indigenous people who are the pioneers in terms of the knowledge of the plant, they are left unprivileged and deprived of their contribution and benefits. Thus, this article would highlight the significance of the contribution made by the original donor especially, in a poor developing country whose natural heritage has been taken away without any consideration, acknowledgment and how to strike a balance between the rights of an inventor and biological donor? Keywords: Plant Biotechnology, Patents, Inventor, Bio...
1998
Biotechnology can be defined ‘as any technique that uses living organisms (or parts of the organisms) to make or modify products, to improve plants or animals, or to develop micro-organisms for specific uses’. Under this definition biotechnology ‘has been part of our heritage since the dawn of civilisation’. It has been said that biotechnology ‘concerns the creation of new varieties of plants, new animal breeds and new micro-organisms, either by traditional selection methods or by new methods of genetic engineering, that is by methods of modifying the genes of. . .animals, plants and micro-organisms, by introducing an artificially modified genetic material to provide new products and new processes for using or producing such products’. Biotechnology, therefore, extends over the most of the area of the life sciences, across biological chemistry, enzymology, virology, bacteriology and immunology, as well as into the technology of the higher life forms including plants and animals, involving the application of chemical engineering concept and processes. The main purpose of this paper is to compare the protection of the biotechnology products in the United States and European Union, and explain why this protection appears stronger and more efficient under the United States patent system. Another central argument will be whether the current patent law deals adequately with developments in biotechnology or not. Confronted with the two different approaches both systems will be evaluated according to the criteria of encouraging such a promising industry from a legal and ethical point of view, and providing the appropriate solutions for the risks and dangers of such activity. Finally, the present state of the patentability of biotechnology will be reviewed so as to form the basis of this comparative analysis, and in view of these elements an evaluation of the two systems will be attempted.
The Patent System, Biotechnology and Synthetic Biology
"The Patent System, Biotechnology and Synthetic Biology" as Annex I to 'Opinion 25: Ethics of Synthetic Biology' of The European Group on Ethics in Science and New Technologies to the European Commission (EGE), pp.87-100., 2009
BIOTECHNOLOGY PATENT PROTECTION
2018
The main purpose of patenting biotechnological inventions is to stimulate scientific research. Patent supporters argue that the protection of intellectual property rights has a forward-looking economic and social effect. The most active debate is on patenting of pharmaceuticals. Opponents of patenting of pharmaceuticals point to barriers to access essential medicines, and even incriminate the outrage upon humanity. Stem cell therapy has a great potential but it has not received true clinical success because of significant limitations in clinical applications. The Church's attitude to biotechnological inventions is controversial. Now the issue of the need to assess the attitude towards these inventions and set church restrictions for such scientific activities is being discussed. Another global problem that is meant to be solved by GMOs is malnutrition. Almost half of the deaths of children under five years of age is caused by the lack of food. An important source of law in the research field is the decisions of the Supreme Courts which are meant to resolve disputes in the patenting.
International Legal Challenges on Biotechnological Products
Journal of Politics and Law, 2016
Selection and separation of inheritance has the desired characteristics of plants, animals and organisms have specific morphological characteristics and called them in terms of biotechnology. Including applications help farmers to reduce the amount of fertilizers , chemical pesticides, water and fuel consumption for the production of food As well as biotechnological products can be used for purification and cleansing the environment and food production at lower costs and reduce the use of harmful chemicals to human health and the environment. However, criticism has been leveled on biotechnology, for example, genetically modified organisms, unlike chemicals, have a risk of spread and replication capabilities and unknown toxins may be produced by biotechnological products or reduce biodiversity, genetic contamination and poisoning and destroy beneficial insects harmless. This article, in addition to addressing various aspects of biotechnology, seeking to assess the strengths and limit...
Journal of Politics and Law, 2016
Biotechnology has many applications in environment (clean up or prevent its degradation), agriculture (increased efficiency and productivity), medical (new methods of treatment or new drugs) and various industries, including Oil industry (elimination of oil pollution), textile products (increasing the quality of textiles) and food industry (raising the quantity and quality of food). But there are also concerns relating to some unknown aspects, effects and consequence of biotechnology in a way that the long-term effects are not so clear on human health or on the environment in the agriculture and in the food industry on the health of consumers. For example, gene therapy and genetic drugs, can cause some genetic complications or biotechnological product may cause growth of useless or harmful like weeds resistant to pesticides and even pollute the environment by disrupting the function in agriculture. Of course to address this concern, there are some principles such as biological safet...