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JIPR Vol.10(1) [January 2005] >


Title: Patenting of Biological Material and Biotechnology
Authors: Chawla, H S
Keywords: Bioinformatics
biotechnology
cloning
DNA
intellectual property rights
TRIPS
WTO
Issue Date: Jan-2005
Publisher: CSIR
Abstract: One of the major challenges faced by developing countries due to globalization and TRIPS regulations is understanding of intellectual property rights (IPR) laws of different countries in context of recent innovations in biotechnology and bioinformatics. While biotechnology involves application of technology on biological organisms, viz., microorganisms, plant and animals and biological material of DNA, RNA and proteins, patenting laws of different countries are solely based on non-biological objects and inventions. Hence biotechnological inventions and their interpretations are discussed in context of laws of different countries for granting patent claims although basic criteria are the same. Patenting and protection of plants, animals, cloning, expressed sequence tags (ESTs) have been discussed in the context of TRIPS regulations, EPO directive and USPTO guidelines. With the large scale sequencing of genomes of various species, a new scientific discipline of bioinformatics has emerged that encompasses biological information, acquisition, processing, storage and distribution, analysis and interpretation of data. Thus inventions relating to tools of bioinformatics, methodology and interpretation as business methods are analysed with regard to patenting.
Page(s): 44-51
ISSN: 0971-7544
Source:JIPR Vol.10(1) [January 2005]

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