Patentability Of CRISPR, Gene-Editing Technology: Legal And Ethical Considerations
- Indian Journal of Law and Legal Research
- Mar 24
- 1 min read
M Prachi, CHRIST (Deemed to be University), Bengaluru, Karnataka, India
ABSTRACT
Gene Editing Technologies (GET) have been on a widespread increase over the recent years, especially with the advent of the CRISPR (Clustered Regularly Interspaced Short Palindromic Repeats) editing technology. The CRISPR technology provides for genetic modifications of micro-organisms, animals, plants and humans, thereby resulting in a completely new gene. The absence of effective regulatory framework both legally and ethically, poses a threat to use this technology for the purpose of gene editing. Thus, the present article shall deal specifically with GET pertaining to human genes, and the legal framework regulating its patentability in India. Moreover, India ratified the Trade Related Aspects of Intellectual Property Rights (TRIPS)(Amendment) Agreement, 2005 in 1995 and hence, India had to formulate domestic legislations for all intellectual property rights matters, including Patents. Thus, in order to understand the patenting position from an international standpoint, an analysis is drawn with other nations to understand the position of GET. Hence, a doctrinal research methodology is undertaken to present the following article on patentability of Gene Editing Technologies in Human Genes.
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