Volume 4, Issue 12 (Spring 2010)                   MLJ 2010, 4(12): 105-130 | Back to browse issues page

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Khademi H, Abbasi M. Protecting Genetic Resources in the light Art 4(d) of Iran Patent, Industrial Designs and Trademarks Act. MLJ 2010; 4 (12) :105-130
URL: http://ijmedicallaw.ir/article-1-463-en.html
Abstract:  

"Genetic resources" means genetic material of actual or potential value. GR Economical, Social and Environmental importance have caused serious concerns about biopiracy and neglect of national sovereignty right on the way of exploitation these resources and elimination possibility of them. Iran because of its rich genetic resources and along exercise its national sovereignty shall notice the approaches on Preservation against damages and destructions of these resources and Protection against biopiracy and abuse and unauthorized exploitation of them. A protection method to prevent the granting rights on GR to a party other than the origin countries is Defensive Protection. This form of protection is come before in art 4(d) of Iran Patent, Industrial Designs and Trademarks Act which is approved by the parliament in 2008. In time of ratification, the mentioned article faced oppositions most of them biotechnologists. This article is compiled with the aim of investigation on present legal obligations for preservation and protection of genetic resources in Iran and the predicted defensive protection mechanism's proponents and opponents.


Received: 2010/04/4 | Accepted: 2010/06/3

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