biotechnology and ip

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Biotechnology and IP Dr. Kalyan C. Kankanala, [email protected] www.bananaip.com Blog: www.sinapseblog.com

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Page 1: Biotechnology and IP

Biotechnology and IP

Dr. Kalyan C. Kankanala,[email protected]

www.bananaip.com

Blog: www.sinapseblog.com

Page 2: Biotechnology and IP

“Biotechnology can transform humanity provided humanity wishes to be transformed.”

-Geoffry Carr

Page 3: Biotechnology and IP

What is Biotechnology?

Page 4: Biotechnology and IP

What is Biotechnology?The World Intellectual Property

Organization (WIPO) defines biotechnology as any technology using living entities, in particular animals, plants, or microorganisms,

Page 5: Biotechnology and IP

What is Biotechnology?Any technology that uses living

organisms to make or modify a product, to improve plants or animals, or to develop microorganisms for specific uses.

Office of Technology, U. S. Congress

Page 6: Biotechnology and IP

What is Biotechnology?"The application of science and

technology to living organisms as well as parts, products and models thereof, to alter living or non-living materials for the production of knowledge, goods and services." (OECD).

Page 7: Biotechnology and IP

Why is Biotechnology Unique?

Page 8: Biotechnology and IP

Why is Biotechnology Unique?

Involves living organismsDiverse fieldsLong gestation periodMorals and EthicsFear of the unknown

Page 9: Biotechnology and IP

ArgumentsIntellectual Property protection must not be

afforded to biotechnology inventions involving living organisms because

The modification may cause harm to them;The results of such inventions may prove to

be harmful to human beings; andMan does not have the right to play god by

modifying living organisms.

Page 10: Biotechnology and IP

Arguments

Biotechnology inventions and creations must be protected under the IP regime because research in the field requires very high investment and takes a long time.

Page 11: Biotechnology and IP

ArgumentsBiotechnology inventions must not be

protected under the IP regime because their protection would stifle research and prevent access to medical treatment.

Page 12: Biotechnology and IP

What are Various types of IP?

Rationale for their protection

Page 13: Biotechnology and IP

Types of IPPatentsCopyrightsTrademarksTrade SecretsPlant VarietiesGeographical IndicationsTraditional KnowledgeBiodiversity

Page 14: Biotechnology and IP

IP and Biotechnology

What are the types of IP that can protect Biotechnology?

Page 15: Biotechnology and IP

Rationales for protecting Biotechnology

Economic Moral

Utilitarian

Page 16: Biotechnology and IP

What is the real issue?

Is it human psychology?

Page 17: Biotechnology and IP

Questions???

First Law Thriller Novel

Young, Blind Lawyer clashes with a pharma major to save lives.

More at www.kalyankankanala.com