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Reviewing international patent policy on biotechnological inventions and the adequacy of the equitable benefit sharing principle
Barizah, N1.
The purpose of this study is to review the international patent policy
related to biotechnological inventions, particularly from the Venetian
Patent Law to the TRIPs Agreement. It closely examines whether
such inventions fulfill the patentability thresholds and analyses the
reason why such patents are regarded as having the potential to
cause facility misappropriation of biodiversity, which is considered
unfair. The most important part of this study is the adequacy analysis
of the principles of equitable benefit sharing of the Convention on
Biodiversity (CBD), including disclosure requirements and prior
informed consent (PIC), to prevent misappropriation of biological
resources in this era of the fourth industrial revolution. This study is
based on the normative legal research method and uses primary and
secondary legal resources. The analysis conducted for this study
employed several approaches, which were statute, conceptual, and
historical approaches. This study found that patent protection for
biotechnological inventions has received justification since the Paris
Convention. However, the current international patent policy has
the potential to facilitate misappropriation of biodiversity and it is regarded as unfair. On the other hand, the equitable benefit sharing
principle is still inadequate in dealing with such misappropriation.
It advises the requirement of mandatory disclosure of origin to be
regulated under national law as a legal basis for implementing the
equitable benefit sharing principle.
Affiliation:
- Universitas Airlangga, Indonesia
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Indexation |
Indexed by |
MyJurnal (2021) |
H-Index
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1 |
Immediacy Index
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0.000 |
Rank |
0 |
Indexed by |
Scopus 2020 |
Impact Factor
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CiteScore (0.2) |
Rank |
Q4 (Law) Q4 (Sociology and Political Science) |
Additional Information |
SJR (0.164) |
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