BIOTECHNOLOGY PATENTS AND LEGAL POSITION IN INDIA

M. NIKHILA &
CH. SUSWANI

STUDENT OF DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY, VISAKHAPATNAM

Best Citation – M. NIKHILA & CH. SUSWANI, BIOTECHNOLOGY PATENTS AND LEGAL POSITION IN INDIA, 1 ILE IPCLR 6, 2022.

ABSTRACT

The pinnacle of human endeavour and the laws of nature is biotechnology. While biotechnology is not a recent development, it has existed for millennia and continues to evolve now. When we use the phrase “biotechnology,” we’re not just referring to conventional methods of fermented food production, but also to cutting-edge techniques like genetic engineering and recombinant DNA technology. For a long time, fermentation technology was the go-to method for producing and preserving commodities. When biotechnology generated genetically modified or non-natural living beings, it revealed itself to be a field of marvels. For example, genetic engineering may be used to alter living creatures, allowing them to act and operate in a manner that is different from their natural state. A genetically designed microorganism was given patent, and since then the area of biotechnology has acquired significant importance and patents have been issued on genetically altered plant and human genetic material. Law of patents in biotechnology had its origins in the seventh century, but it was in Venice in 1494 that the world’s first patent law was adopted, which is considered the cornerstone for the world’s present-day patent regime. The Venetian Statute’s standards for usefulness, innovation, and non-obviousness still serve as the foundation for contemporary patent law worldwide. Until recently, no one suspected that biotechnology might be used to control plants, animals, or even humans, therefore a complete legislation governing biotechnology was never really considered. The TRIPS agreement, however, offered protection and regulation for many biotechnology inventions as this sector evolved over time and required a thorough legal framework for effective regulation. However, because of the inherent difficulty of working with live organisms, patenting biotech innovations would necessitate extra care.