Biotechnology law policy for developing countries: the third patentability requirement is still a constraint
Biotechnology either as a subject matter or invention and the act of patenting are relatively new to many developing countries. Biotechnological invention has limitless potentials. It is particularly important to pharmaceutical, medicinal, drug, chemicals, foods and agricultural industries worldw...
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| Format: | Article |
| Published: |
Fakulti Undang - Undang
2009
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| Online Access: | http://journalarticle.ukm.my/1696/ http://ejournal.ukm.my/juum |
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| Summary: | Biotechnology either as a subject matter or invention and the act of patenting are relatively
new to many developing countries. Biotechnological invention has limitless potentials. It is
particularly important to pharmaceutical, medicinal, drug, chemicals, foods and
agricultural industries worldwide. Developing countries could take advantage of the
mandatory obligations of TRIPS as they have abundance of genetic resources. By
supplying raw ingredients for biotechnology they may occupy the position of biotechnology
producers globally. . This looks even brighter due to the current trend in patenting the same
where the bar for non-obvious has been lowered drastically. This note explores on how the
above current intellectual property trend and policy particularly in context of
biotechnology law purportedly benefiting developing countries are putting constraints
upon many of them instead. Firstly some background facts of TRIPS, which governs patent
and is binding upon every country member domestically are presented. It then briefly
explains biotechnology invention, the basic patentability requirements and the new trend of
judicial courts in developed nations in interpreting the non-obvious requirement and
reasons for doing so. Finally, the study will examine the disabilities of developing
countries in overcoming even the much lowered standard of non-obvious requirement. This
paper also points out that there are still many major tasks undone at national level which
are hampering them from producing their first biotechnological invention or becoming
active biotechnological producers |
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