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A Critical Analysis Of The Biological Patent In India

Year: 2025
Type: article
Abstract: Bio-patenting is a rapidly growing field that encompasses a rapidly expanding field of genetic research and technology. Its advanced medical discoveries, diagnostic techniques, genetically modified crops and gene therapy are benefits of genetic research and technology. The rapidly growing field of legal support structures, such as bio patents, it also emerged and gained importance as well as some fame associated with it this year. The nature of genetic bio patents is often debated with mixed results. It has become a topic of interest to many people. This paper aims to delve deeper into the complex scope and provide a comprehensive analysis of the various impacts of bio patenting. On the one hand, patenting genetic material leads to economic investment and encourages innovation, but on the other hand it can limit research and raise many ethical concerns such as the ethics of commoditizing genetic material and commercializing it. We want to find balance protecting the rights of patent holders and respecting ethical boundaries promoting the well-being of the public. It can be said that bio patents are two-fold. The legal scope of bio patents in India is unclear and needs clarification and a clearly defined legal framework to qualify for patenting of genetic material. This article takes an in-depth look at the evolving timeline of the gene patenting landscape in India and aims to highlight the much-needed legal clarity in this particular area. This document highlights the legal, and Ethical aspects of bio patenting in India and address key issues It requires critical evaluation.
Authors: Shikha Gupta, Yogendra Singh, Jaiprakash Jaiprakash, Durgesh Kumar, Shahina Khan
Institution: IFTM University
Language: English
Subfield: Law
Open Access status: diamond
OpenAlex ID: W4410837153
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