PATENTABILITY OF GENETIC ENGINEERING: SCOPE IN INDIA

Abstract

Genetic engineering is a quickly developing area of innovation that can possibly reform the manner in which we live, work, and connect with our general surroundings. At the heart of this field lies the ability to manipulate the genetic code of living organisms, allowing us to create new and improved products, medicines, and crops. The patentability of genetic engineering has been a topic of significant interest in the legal community. In India, the patentability of genetic engineering has been a topic of debate for several years. This research paper provides an overview of the patentability of genetic engineering in India and explores the scope of this field in the country. The paper begins with an introduction to genetic engineering and what all genes or parts of genes can be patented. It then discusses the scope of genetic engineering in India following to this the legal framework for patentability in India further with regards to TRIPS agreement and the criticism of TRIPS agreement for the patentability of genetic engineering. The paper then discusses about Protection of Plant Varieties and Farmers' Rights Act and it’s relation with Patent Act 1970 and TRIPS agreement and following this includes the relevant statutes and landmark case laws. Finally, the paper explores the scope of genetic engineering in India, including its potential benefits and challenges.