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Biopatent
- A patent is the right granted by a government to an inventor to prevent others from commercial use of his invention.
- When patents are granted for biological entities and for products derived from them, these patents are called biopatents.
- Biopatents are awarded for
- of strains of microorganisms
- cell lines
- genetically modified strains of plants and animals
- DNA sequences
- the proteins encoded by DNA sequences
- various biotechnological procedures
- production processes
- products and
- product applications .
- Patents are supposed to satisfy three criteria of : Novelty, non obviousness and Utility.
- Novelty implies that the innovation must be new.
- It cannot be part of ' prior art ' or existing knowledge.
- Non obviousness implies that it may not be documented but is otherwise well known.
- The discored factor product should be of a particular use for the human beings.
- Cancelled patents on natural product inventions.
- Patents on natural product inven tions are subject to attack unless all public knowledge about the species in question and its use are fully disclosed.
- For example, a 1995 patent , " Use of Turmeric in Wound Healing " . was cancelled in 1998. The new evidence established that use of turmeric to promote wound healing had been known for generations in India.
- Likewise, the 1986 plant claimed an ostensibly new, distinct variety of Banisteriopsis caapi, known in the Amazon as ayahuasca.
- However, new evidence establishes that the claimed plant is actually the wild uncultivated type, and is neither new nor distinctive.
- COICA, an organization of indigenous people, and the Amazon Coalition have requested re - examination of the ayahuasca patent, seeking to eliminate what is perceived as an immoral expropriation of their traditional and biological heritage.
- More such challenges can be anticipated.
- re - examination of the ayahuasca patent, seeking to eliminate what is perceived as an immoral expropriation of their traditional and biological heritage.
- More such challenges can be anticipated.
- Biopatent system allows private, monopoly rights over cells, genes, animals and plants.
- It means that people will not share vital research information because they are afraid that it will be patented by someone else.
- The people will not research in areas that are dominated by patents.
- It will lead to research programmes dominated by patentability and profitability rather than need.
- It gives the patent holder monopoly control over resources for food and medicine.
- The important advantages of biopatents is that they are a direct incentive for genetic engineering.
- The arguments in favour of biopatents are primarily to increase economic growth.
- Genes, cells, microorganisms, plants and animals are not an invention and, therefore, should not be patented.
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