Summary:
The sector of Industrial Property is a relatively new area of Commercial Law,
thatprotects trade, the distinctive features, inventions, etc. It’s a very
promising newsector. In this document we study the patenting of human genes, οf
plants’ genes andanimals’ genes. Particularly, we will examine
the administration process, itsprotection, and the results which were
triggered, related to human health and theenvironment. Specifically, some of
these are the production of drugs for diseases thatwere yet incurable, the
perpetual investigation as a result of patenting life, the creationof resistant
plants and animals. This study would not be thoroughgoing if we did notmention
some relevant judgments that were issued on existing granted patents notonly on
human genes, but also on plants and animal genes.However, we shouldn’t
be distracted or led to arbitrary conclusions because ofpositive
results. Furthermore, we must put not too much emphasis on the fact thatthere
are not adverse effects records or that the existing ones are compensated or
eveneliminated by the positive ones, that are quite optimistic for the
future.Moreover, there exists the following concern. If today there can be a
full analysis andmapping of the genetic material, who would exclude the
possibility that there won’tbe a transformation from religious and political
identity to a genes’ identity. So, itbecomes clearly obvious that beyond the
development in biotechnology, it must beprincipally guaranteed that
there won’t be human’s commercialization. For thatreason,
Bioethics was created. In order to set limits where human
greed,irresponsibility and uncontrolled technological evolution
becomes impossible todefine. Besides the cornerstone of any legal system is
mankind and its value ( Article5, paragraph 1 of Hellenic Constitution).Τhis
work is divided into two chapters. The first concerns the patenting of
biologicalmaterial from humans and the second concerns the patenting on
biological materialfrom plants and animals. In the first part,
the meaning of the invention, theprerequisites of consolidating
patents on human genes, will be analyzed. Moreover aneffort will be made in
order to clarify the definition of “gene” and with which waysomeone can
consolidate a patent on it. Finally, reference will be made to judgementsin
order to be more clearly defined what attitude judges reserve in the face of
suchdevelopments. This, not only the medical, biological and technological
world, but alsoin the legislative level. In the second part, it will be
reported how patentable is the invention resulting fromthe biological material
of plants and animals, genetically modified organisms and thefeasibility of the
patentability of the above mentioned• furthermore, a mention of theWolrd Trade
Organization’s Agreements [General Agreement on Tariffs and Trade(GATT) -
Agreement on Copyright in the field of Trade (TRIPS)], the
multilateralenvironmental agreements (MEAs), and the
compatibilities and incompatibilitiesbetween the world of commerce and the
area of the Environment . Finally, there willbe an effort to evaluate the
impact resulting from granting patents in general.In the present work, we
examine all the issues that have resulted from the continualevolution of
genetic engineering and biotechnological inventions. This is done withthe aim
of provoking further questioning and an opportunity for investigations,
forequalizing the inequalities that exist between stronger and financially
weaker classes,their access to the patents’ results and moreover to put an end
to the environment’smisuse, which is sacrificed by humans on the altar of
profits.
Keywords:
Patent, Genes, Biotechnology, biological material, World trade organization
