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The IUP Journal of Law Review :
Patenting of Life Forms: Reflections on Some Legal and Ethical Issues
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Biotechnology and genetic engineering have made it possible to create new life forms or even to re-evolve the life forms. Stem cell technology, somatic cell hybridization, genome technology, gene therapy and cloning are the buzzwords of modern scientific developments and research. The developments in these branches of science in the field of pharmaceuticals, agriculture and human healthcare are significant, with medicines such as insulin, erythro protein and interferon produced on commercial scale. In agriculture, the development of disease-resistant plant varieties, hybrid seeds and plants, nitrogen fixing microorganisms, new plant varieties with shorter life cycle, etc., and in human life science, the reconstruction of organs and creating life through cloning, biotechnology and genetic engineering are making a long-lasting impact on the human life. A section of the scientific world argues that the risk involved in commercially applying most of these scientific techniques can cause serious and irreparable damages to environment. Some others view that patenting in such areas should not be allowed for the reasons of biodiversity preservation and rights of indigenous people. Some critics of cloning technology and organ reconstruction technology foresee the danger to nature as compared to its advantages. This paper attempts to analyze the arguments against the patenting of life forms, which have been divided into the following: ethical and religious arguments; environmental implications; economic considerations; and legal issues. The author has also attempted to analyze the questions as to whether there are certain inherent values in life and whether patenting life forms violates such inherent values. The paper concludes with some important suggestions as to patenting of life forms.

 
 
 

Biotechnology and genetic engineering are the most controversial fields of modern science and research. Though biotechnology has improved human life to a great extent, it has many inherent disadvantages also. A section of scientists argue that the risk involved in commercially applying most of the genetic engineering techniques can causes serious, irreparable damages to the environment. Another view is that patenting should not be allowed in this area for reasons of biodiversity preservation and the rights of indigenous people over traditional knowledge. In the conservation of biodiversity again, while supporters of this branch of technology point to the benefits already achieved, and the benefits still expected in the field of medicine, nutrition, and environmental protection, critics foresee the danger of an incalculable risk intervening in the process of nature.

Basically, all arguments against the patenting of life forms can be divided into moral and religious arguments, environmental implications and economic considerations. These arguments have made the patenting of life a controversial issue.

 
 
 

Law Review Journal, Judiciary, Patenting, Life Forms, Reflections, Legal and Ethical Issues, Hybrid seeds and plants, Nitrogen fixing microorganisms, New plant varieties, Shorter life cycle, Religious arguments, Environmental implications.