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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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Main Author: Nor Ashikin Mohamed Yusof,
Format: Article
Published: Fakulti Undang - Undang 2009
Online Access:http://journalarticle.ukm.my/1696/
http://ejournal.ukm.my/juum
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spelling my-ukm.journal.16962019-05-14T04:43:56Z http://journalarticle.ukm.my/1696/ Biotechnology law policy for developing countries: the third patentability requirement is still a constraint Nor Ashikin Mohamed Yusof, 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 Fakulti Undang - Undang 2009 Article PeerReviewed Nor Ashikin Mohamed Yusof, (2009) Biotechnology law policy for developing countries: the third patentability requirement is still a constraint. Jurnal Undang-undang, 13 . ISSN 1394-7729 http://ejournal.ukm.my/juum
institution Universiti Kebangsaan Malaysia
building Perpustakaan Tun Sri Lanang Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Kebangsaan Malaysia
content_source UKM Journal Article Repository
url_provider http://journalarticle.ukm.my/
description 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
format Article
author Nor Ashikin Mohamed Yusof,
spellingShingle Nor Ashikin Mohamed Yusof,
Biotechnology law policy for developing countries: the third patentability requirement is still a constraint
author_facet Nor Ashikin Mohamed Yusof,
author_sort Nor Ashikin Mohamed Yusof,
title Biotechnology law policy for developing countries: the third patentability requirement is still a constraint
title_short Biotechnology law policy for developing countries: the third patentability requirement is still a constraint
title_full Biotechnology law policy for developing countries: the third patentability requirement is still a constraint
title_fullStr Biotechnology law policy for developing countries: the third patentability requirement is still a constraint
title_full_unstemmed Biotechnology law policy for developing countries: the third patentability requirement is still a constraint
title_sort biotechnology law policy for developing countries: the third patentability requirement is still a constraint
publisher Fakulti Undang - Undang
publishDate 2009
url http://journalarticle.ukm.my/1696/
http://ejournal.ukm.my/juum
_version_ 1643735117737230336
score 13.211869

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