Human genetic research and patenting an overview

Anjana Satheesh & Gouri S
Students of 4th Year LL.B,
Government Law College, Thiruvananthapuram


Abstract

Turbulence and uncertainty regarding the patenting of human genes and its research has been raised time and again, giving rise to formidable questions pertaining to the bonafide intentions associated with the same, human beings are still trapped within the realm of basic experimenting and learning regarding the genetic material that are inherent within us and this has paved way towards many conflicts. Though unrelenting efforts are been put forward by research scholars and scientists all over the globe, focussing on the medical and scientific aspects of human genetic patenting, it has been appalled by an array of problems like research stagnation, commercial interests of business tycoons, disparity in the patent laws of different countries, issues relating to sense of property, balance between patent right on one hand and ethics, order and morality on the other etc. Though we can hope for the best to happen, what lies ahead is unknown as it would be impossible to brush aside the hysteria of problems that would arise if we try to exploit the remedy for all human anomalies. The patenting of human genes is a miracle in itself that would reform the medical world, as it would enhance the scope and approach towards gene therapy. The need of the hour is to enable a strong non-discriminatory collaborative culture where knowledge and innovative technologies would be shared between nations and framing of a universality of rules by enacting a common legal framework that would be equitably followed by all nations so that the myriad of problems that might arise in the future can be nipped off at the budding stage itself as transforming the problematic gene would be the ultimate therapy that human beings would ever need to improve their quality of life.

Keywords: Human Genes, Genetic Patenting, Research Stagnation, Commercial Interest, Patent Laws, Sense of Property, Morality, Ethics and Order, Knowledge, Innovative Technology, Universality of Rules, Legal Framework, Gene Therapy

Preferred Citation

Anjana Satheesh & Gauri S, Human genetic research and patenting: an overview, The LexWarrier: Online Law Journal (2019) 2, pp. 92 – 107, ISSN (O): 2319-8338

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