Gene Patenting: Legal, Social, Ethical Issues
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Date
2012-06-01
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
National Law School Of India University
Abstract
Abstract
Statement of Problem
The unique nature of gene sequences of possessing both biological and technical
function poses many challenges to the traditional threshold of Patent law criteria
which are supposed to be applicable to mechanical inventions. Further, the patenting
of gene which is supposed to be blue print of life raises many ethical and social
issues.
Research methodology
The Researcher has used descriptive, analytical, normative mode of research for this
thesis.
Research Data:
Information and data for the research has been collected through review of literature
from both primary and secondary sources. Primary sources used herein are statutory
enactments; secondary sources used are text books, journals and online research
database. Prominence has been given to various books and Articles along with
international and national documents and also online research database has been used.
Research questions
• IS DNA A MERE CHEMICAL COMPOUND?
• ARE GENES PERSE PATENTABLE?
• WHAT SHOULD BE THE THRESHOLD OF LEGAL CRITERIA FOR THE
GENE PATENTS IN THE UGHT OF THEIR UNIQUE NATURE?
• HOW THE ETHICAL ISSUES ARISING OUT OF GENE PATENTING
CAN BE ADDRESSED?
• HOW THE SOCIAL ISSUES ARISING OUT OF GENE PATETING CAN
BE ADDRESSED?
Mode of citation
The Researcher has followed the Unifonn mode ofcitation throughout this paper.