ETHICAL CHALLENGES OF BIOTECHNOLOGICAL PATENTS

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SADEGHI M.

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Journal: MODARRES HUMAN SCIENCES Year:2005 | Volume:9 | Issue:3 (Tome 40) Page(s): 87-118

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Title

ETHICAL CHALLENGES OF BIOTECHNOLOGICAL PATENTS

Author(s)

SADEGHI M. | Issue Writer Certificate

Keywords

BIOTECHNOLOGICAL INVENTIONSQ4

PATENTQ4

MORALITYQ2

BIOTECHNOLOGYQ4

Abstract

The recognition of PATENTability of BIOTECHNOLOGICAL INVENTIONS by the the industrial countries’ PATENT offices in the last two decades and increasingly growth of the number of PATENTs in this field have caused considerable ethical challenges and controversies, apart from technical difficulties. Some challenges stem from critical views about BIOTECHNOLOGY and the environmental effects of genetic manipulations of living organisms and some critics are related to the monopolistic profits of PATENT holders and limitation of third parties access to the biotechnologies and intensification of trade attitude to the intellectual property rights. However some challenges are especially related to the implications of biotechnological PATENTs, such as commodification of life in general and human genes and his body parts specifically, violation of human dignity and biopiracy and unfair exploitation of the third world genetic resources and traditional knowledge by the PATENT holders from industrial countries. After reviewig related legal developments and moral considerations in the PATENT laws and legislations, we will study the approaches of PATENT offices through the case studies of some famous controversial PATENTs. The MORALITY of inventions has not been considered in PATENT laws of some countries, such as U.S., but many PATENT laws, including European PATENT Convention, TRIPs agreement and EU Directive on the legal protection of BIOTECHNOLOGICAL INVENTIONS, the inventions which are contrary to the MORALITY are excluded from PATENTable subject matter. However regarding the ambiguous concept of MORALITY and economic benefits of biotechnological invitations and trade competitions in this field, the PATENT offices taking a utilitarian approach, narrowly interpret such provisions and rarely care the moral objections to the confered PATENTs.

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APA: Copy

SADEGHI, M.. (2005). ETHICAL CHALLENGES OF BIOTECHNOLOGICAL PATENTS . MODARRES HUMAN SCIENCES, 9(3 (Tome 40)), 87-118. SID. https://sid.ir/paper/6981/en

Vancouver: Copy

SADEGHI M.. ETHICAL CHALLENGES OF BIOTECHNOLOGICAL PATENTS . MODARRES HUMAN SCIENCES[Internet]. 2005;9(3 (Tome 40)):87-118. Available from: https://sid.ir/paper/6981/en

IEEE: Copy

M. SADEGHI, “ETHICAL CHALLENGES OF BIOTECHNOLOGICAL PATENTS ,” MODARRES HUMAN SCIENCES, vol. 9, no. 3 (Tome 40), pp. 87–118, 2005, [Online]. Available: https://sid.ir/paper/6981/en

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