Volume 9 - Special Issue of Intellectual Property Law                   MLJ 2016, 9 - Special Issue of Intellectual Property Law: 47-64 | Back to browse issues page

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Jafarzadeh M, Omrani E. Ethical Challenges of Patentability of Medical Methods. MLJ 2016; 9 :47-64
URL: http://ijmedicallaw.ir/article-1-557-en.html
1- دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
Abstract:  

Human inventions and innovations are generally subject to legal protection but some of these innovations are not subject to legal protection. Medical methods are one of the controversial exceptions of patentability of inventions and opponents and proponents of patent ability of medical methods support propound several reasons to prove their theory. While major arguments of proponents are justifying argument of patent system, the argument of opponents can be divided into legal basis, including human rights patent law, and moral arguments. Ethical foundations supporting the medical methods exceptions are stronger than other foundations. So that it can be said patentability of medical methods are in conflict by medical ethics and Ethical foundations are the most important in all foundations. In this article we look at the conflict of patentability of medical methods by medical ethics.

Type of Study: Original Article |
Received: 2015/05/9 | Accepted: 2015/09/2

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