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Biotechnology and IP - A presentation by Dr. Kalyan C. Kankanala
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Biotechnology and IP
By
Dr. Kalyan C. Kankanala,
Blog: www.bananaip.com/sinapse-blog
“Biotechnology can transform humanity provided humanity wishes to be transformed.”
-Geoffry Carr
Arguments
Ignore
Deny
Balance
Advantage
A is accused of stealing diamonds from B
Available evidence
A was seen running from B's house at the time of theft.
A was caught by police in possession of Diamonds.
A had asked B to sell the diamonds about ten times before the theft.
What is Biotechnology?
What is Biotechnology?
The World Intellectual Property Organization (WIPO) defines biotechnology as any technology using living entities, in particular animals, plants, or microorganisms,
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
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).
Why is Biotechnology Unique?
Why is Biotechnology Unique?
Involves living organisms
Diverse fields
Long gestation period
Morals and Ethics
Fear of the unknown
Arguments
Intellectual 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.
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.
Arguments
Biotechnology inventions must not be protected under the IP regime because their protection would stifle research and prevent access to medical treatment.
What are Various types of IP?
Rationale for their protection
Types of IP
Patents
Copyrights
Trademarks
Trade Secrets
Plant Varieties
Geographical Indications
Traditional Knowledge
Biodiversity
IP and Biotechnology
What are the types of IP that can protect Biotechnology?
Rationales for protecting Biotechnology
Economic
Moral
Utilitarian
What is the real issue?
Is it human psychology?
Questions???
For more information, please visit:
www.bananaip.com/sinapse-blog/
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