Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)

Patent Regulation in the Field of Genome: Trends, Problems, Prospects

Authors
Alexey Vladimirovich Lisachenko
Corresponding Author
Alexey Vladimirovich Lisachenko
Available Online 7 December 2020.
DOI
https://doi.org/10.2991/assehr.k.201205.033How to use a DOI?
Keywords
genetics, genomics, patenting, patent law, patent, BRICS
Abstract

The article explores the situation that has developed in recent years in the field of patenting the results of genomic and genetic research and manipulation. The author considers the main trends and possible ways of further development of relations and regulation in this area, including with regard to the role of Russia and the BRICS countries in the future world order, where genetic and genomic technologies and the results of their application will be (and partly already are) one of the most important values. The author analyzes the existing and possible forms of securing rights to these values for copyright holders, taking into account the difference between genetics and genomics (and the gradual blurring of this difference with the appearance of “designer genes”). The researcher concludes that there is currently no sufficiently developed, reasonable and workable alternative to the existing system of protection of rights to achievements in genetics and genomics, while maintaining the feasibility of searching for such an alternative, since the existing system provides unjustifiably large advantages to individual corporations and states that have managed to secure the largest possible amount of rights to achievements in genetics and genomics. The author analyzes some international acts that are designed to ensure a fair distribution of benefits between the owners of advanced technologies and the “suppliers” of the original genetic material. These acts are still undeservedly ignored in Russia; however, they gain new significance in the course of the ongoing “genomic revolution”, which is based on the mass application of the CRISPR-Cas genomic editing method. The researcher suggests possible directions for concerted action by the BRICS countries on patent cooperation in relation to the results of genomic and genetic research and manipulation.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
7 December 2020
ISBN
978-94-6239-290-8
ISSN
2352-5398
DOI
https://doi.org/10.2991/assehr.k.201205.033How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Alexey Vladimirovich Lisachenko
PY  - 2020
DA  - 2020/12/07
TI  - Patent Regulation in the Field of Genome: Trends, Problems, Prospects
BT  - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
PB  - Atlantis Press
SP  - 186
EP  - 192
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201205.033
DO  - https://doi.org/10.2991/assehr.k.201205.033
ID  - Lisachenko2020
ER  -