Генетски инжењеринг и патентна правила
Genetic Engineering and Patent Rules

Author(s): Gordana M. Damjanović
Subject(s): Law, Constitution, Jurisprudence, Sociobiology, Environmental interactions
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Patent;Biotechnology;Genetic engineering;Therapeutic cloning;Stem cells;
Summary/Abstract: Biotechnology is a complex technology representing a sum of cellular and bi-molecular processes created in order to solve problems in the area of human health, agriculture, food and environment. Modern biotechnology includes the area of genetic engineering and cloning. While the cloning method presents a reproduction without fertilization, applied both to animals and man, used for diagnostic and therapeutic purposes, genetic engineering is a technique that is performed as planned clipping of genes perceived as a bearer of organism characteristics and its transplanting into another organism. The legal framework for protection of above mentioned patent for a biotechnological invention is given by Biotechnology Directive of the EU. The national patent rules are harmonized with the EU Directive. The achievements of biotechnology are the base for understanding, diagnosis and treatment of human diseases, but also a good base for better understanding of medicine. Unfortunately, there are always two sides to a coin. For example Injecting human genes into the pig embryo, in order to achieve the faster growth of the aforementioned animal, created transgenic pigs „freak“, because the human gene caused changes in metabolism in an unexpected way. The abuses of this kind can lead to various risks to human health. Today, patents in biotechnology are the real challenges for patent laws that have to adjust to rapid changes.

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