Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 140-155 |
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Aghamohammadi A, Haji Azizi B. Patents of Genetically Modified Organisms (GMO) in Comparative Law (Legal Systems Approach to America, Canada,
Europe and Iran and TRIPS Agreement). MLJ 2022; 16 (57) :140-155
URL: http://ijmedicallaw.ir/article-1-1327-en.html
URL: http://ijmedicallaw.ir/article-1-1327-en.html
1- Department of Private Law, Faculty of Humanities, Bu Ali Sina University, Hamadan, Iran
Abstract:
Background and Aim: Genetically modified (transgenic) organisms are the creatures of human creative thought, and patents, as a form of intellectual property, give rise to a kind of patent for this type of product. Protecting patents in the field of transgenic products gives companies a kind of patent control.
Method: This Research is of Theoretical Type and the Research Method is Descriptive-Analytical and the Method of Data Collection is Library and has Been Done by Referring to Documents, Books and Articles.
Ethical Considerations: In Order to Organize this Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.
Results: Because of principle of territorial and the laws of intellectual property, the patent legal system is different. The major producers of transgenic products are from advanced industrialized countries such as the United States, Canada, and European countries, and at the same time, patents in this field have been widely welcomed despite some legal aspecys. We are currently developing this type of products in Iran.
Conclusion: The identification of transgenic products is often connected to patent protection, which has become one of the most controversial issues in biotechnology and its fields. A patent provides a legal and exclusive right for the financial exploitation of the inventor. The United States and Europe have prescribed patents under the TRIPS Agreement due to their flexible approach, and both have been pioneers in the field of patents. In contrast, Canada has taken a different approach and refusing to patent genetically modified animals and plants. However, in Iran, companies and research institutes spend a lot of time and money on innovations in this field without benefiting from a special support system for their innovations and patents.
Please cite this article as:
Aghamohammadi A, Haji Azizi B. Patents of Genetically Modified Organisms (GMO) in Comparative Law (Legal Systems Approach to America, Canada, Europe and Iran and TRIPS Agreement). Medical Law Journal. 2022; 16(57): e10.
Method: This Research is of Theoretical Type and the Research Method is Descriptive-Analytical and the Method of Data Collection is Library and has Been Done by Referring to Documents, Books and Articles.
Ethical Considerations: In Order to Organize this Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.
Results: Because of principle of territorial and the laws of intellectual property, the patent legal system is different. The major producers of transgenic products are from advanced industrialized countries such as the United States, Canada, and European countries, and at the same time, patents in this field have been widely welcomed despite some legal aspecys. We are currently developing this type of products in Iran.
Conclusion: The identification of transgenic products is often connected to patent protection, which has become one of the most controversial issues in biotechnology and its fields. A patent provides a legal and exclusive right for the financial exploitation of the inventor. The United States and Europe have prescribed patents under the TRIPS Agreement due to their flexible approach, and both have been pioneers in the field of patents. In contrast, Canada has taken a different approach and refusing to patent genetically modified animals and plants. However, in Iran, companies and research institutes spend a lot of time and money on innovations in this field without benefiting from a special support system for their innovations and patents.
Please cite this article as:
Aghamohammadi A, Haji Azizi B. Patents of Genetically Modified Organisms (GMO) in Comparative Law (Legal Systems Approach to America, Canada, Europe and Iran and TRIPS Agreement). Medical Law Journal. 2022; 16(57): e10.
Type of Study: Original Article |
Received: 2021/04/16 | Accepted: 2021/09/22
Received: 2021/04/16 | Accepted: 2021/09/22
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