Law. Human. Environment (Apr 2022)
Principles of patent protection in the field of biotechnology in Eastern Europe: Influence of Western and Eastern models
Abstract
The relevance of this research is explained by the necessity of a comprehensive study of the subject of patent protection in the field of biotechnology in Eastern European countries, which is conditioned upon the rapid development of technologies in the field of biology, medicine and pharmacy. The purpose of the research is to provide a legal assessment of the principles of patent protection and to develop approaches to the qualification of biotechnological achievements. While compiling the research, the author used general scientific methods: analysis and synthesis, induction and deduction, abstraction, specification and analogy. Among specific scientific methods, the statistical method is distinguished; notably, specific legal methods, such as comparative legal and method of interpretation of legal provisions. The results of the study highlight the main achievements in the field of biotechnology and promising ways of developing their patent protection. The research describes in detail the fundamental principles of patent protection of biotechnologies. The necessity to consider the possibility of alienation of patents in favour of the state for some inventions, if these inventions are essential at the level of the state and society, to ensure equal and free access to such technologies. It is stated that it is unacceptable to grant patent protection, especially to the results of research in the field of human cloning or the development of artificial intelligence on human cells, as it contradicts ethical and moral standards. The final part of the research is the conclusions of the study, which identify the significance and provides an assessment of the impact of biotechnology on the present and future. The results of the research may be useful for lawyers and scientists in the field of intellectual property law.
Keywords
