Gene Patenting: Legal, Social, Ethical Issues

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.