BIOTECHNOLOGY PATENTS & AMBIGUITIES IN LAW

With the emergence of biotechnology inventions, there is a demand for a specific legal mechanism for its safeguard and protection around the globe, under the aegis of Patent laws, this led to the argument that unduly broad protection, would, however undermine the patent system itself, as it would turn into an impediment and ‘unfair’ to the people at large. On the other hand, with the rapid change and scientific development in the society, coupled with unfit and insufficient legal policy and framework there is incursion of both excitement and fear among the common populace. At this situation one could find that with the introduction of biotechnology inventions, there is lot speculations and rumours instead of an explicit and certain law. However, there had been many international conventions and treaties but that had still not produced a concreate practice or custom, which could be uniform around the world unlike IPRs which as a whole have systematic and organised laws, biotechnology patents as being part of it does not have any credible and definite framework. Biotechnology Patents being a complex issue, which affects vast number of aspects of human life needs to have certain and unambiguous laws, so that the technology could be used for human benefit and welfare. Therefore, this article seeks to analyse present legal frameworks around the globe and present the interplay between the biotechnology inventions and patent laws around the world. Further, this article tries to bring out the problems and ambiguities in the laws of different countries dealing with biotechnology patents, thereby it also throws light on the impact of the same on the developing countries and the protective measures adopted by them, in the spheres like agriculture, so as to minimise the effect of biotechnology on the public.