Volume 15, Issue 56 (4-2021)
MLJ 2021, 15(56): 941-961 |
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Parvin M R, Malek Z, Minuchehr Z. Intellectual Property Protection in Bioinformatics Software: Comparative Study. MLJ 2021; 15 (56) :941-961
URL: http://ijmedicallaw.ir/article-1-1426-en.html
URL: http://ijmedicallaw.ir/article-1-1426-en.html
1- Department of Microbial Biotechnology, Agricultural Biotechnology Research Institute of Iran (ABRII), Agricultural Research, Education and Extension Organization (AREEO), Karaj, Iran
2- Faculty of Law, Shahid Beheshti University, Tehran, Iran
3- Systems Biotechnology Department, Institute of Industrial and Environmental Biotechnology, National Institute of Genetic Engineering and Biotechnology (NIGEB), Tehran, Iran
2- Faculty of Law, Shahid Beheshti University, Tehran, Iran
3- Systems Biotechnology Department, Institute of Industrial and Environmental Biotechnology, National Institute of Genetic Engineering and Biotechnology (NIGEB), Tehran, Iran
Abstract:
Background and Aim: Bioinformatics innovations are generally designed to collect, store, process, or analyze biological data using computer-implemented methods. Therefore, it is considered that software is the main foundation of bioinformatics and protecting bioinformatics software is a key element for growth and development of this science. Given the special features of the development and application of bioinformatics software, the study of regulations and different types of legal protection systems that can be applied to these softwares is a matter of concern.
Materials and Methods: The research method is analytical-comparative. It has been prepared and compiled by library method using data collection and note-taking techniques in documents, books and articles.
Results: The findings indicate that, except in a few industrialized countries, there is no specific case law in the field of bioinformatics software. Applicable laws and regulations in the selected countries are also largely restricted to traditional intellectual property laws, and no sui-generis legistation has been adopted to protect bioinformatics software.
Ethical considerations: In all stages of writing this paper, the ethical principles of research, especially, the originality of the text, honesty and confidentiality have been fully observed.
Conclusion: Due to different approaches and interests of the selected countries, we see many similarities and contradictions regarding the protection of bioinformatics software. Accordingly, the need to harmonize relevant regulations at international level is fully felt. However, based on global experiences, it seems that regardless of whether bioinformatics software conformed with traditional IP laws or a sui-generis law is required, it is necessary to review more carefully and in more detail legal, commercial and technical requirements and resolve any ambiguities or gaps within legal protection that bioinformatics softaware face, in order to provide an appropriate and comprehensive legal framework in this field.
Cite this article as: Parvin MR, Malek Z, Minuchehr Z. Intellectual Property Protection in Bioinformatics Software: Comparative Study. Medical Law Journal 2021; 15(56): e59.
Materials and Methods: The research method is analytical-comparative. It has been prepared and compiled by library method using data collection and note-taking techniques in documents, books and articles.
Results: The findings indicate that, except in a few industrialized countries, there is no specific case law in the field of bioinformatics software. Applicable laws and regulations in the selected countries are also largely restricted to traditional intellectual property laws, and no sui-generis legistation has been adopted to protect bioinformatics software.
Ethical considerations: In all stages of writing this paper, the ethical principles of research, especially, the originality of the text, honesty and confidentiality have been fully observed.
Conclusion: Due to different approaches and interests of the selected countries, we see many similarities and contradictions regarding the protection of bioinformatics software. Accordingly, the need to harmonize relevant regulations at international level is fully felt. However, based on global experiences, it seems that regardless of whether bioinformatics software conformed with traditional IP laws or a sui-generis law is required, it is necessary to review more carefully and in more detail legal, commercial and technical requirements and resolve any ambiguities or gaps within legal protection that bioinformatics softaware face, in order to provide an appropriate and comprehensive legal framework in this field.
Cite this article as: Parvin MR, Malek Z, Minuchehr Z. Intellectual Property Protection in Bioinformatics Software: Comparative Study. Medical Law Journal 2021; 15(56): e59.
Keywords: Bioinformatics Software, IP Systems, United States of America, European Union, Japan, Canada, Iran
Type of Study: Original Article |
Received: 2021/07/15 | Accepted: 2021/11/20
Received: 2021/07/15 | Accepted: 2021/11/20
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