Intellectual Property Management in Nano-Biology Research

Abstract

Intellectual Property (IP), creations of human mind having proprietary value and requiring rights and privileges for safeguarding against any unauthorised use by third parties need to be usually expressed in geographic jurisdiction specific enforceable and legally compliant form for favouring creation of effective and valuable jurisdiction specific Intellectual Property Right (IPR) based thereon. Nanobiology related advancements as a challenging sphere of nanotechnological advancements are traversed on such lines, which go to reveal more and more diverse and wider scope of its application and utilities and the need for evolving related IP Laws balancing societal, environmental and ethical issues. Importantly, patentability issues governed by the nano size related application and end utility of such subjects of advancements and the laws in place usually define some special riders of patentability of such subjects, especially in relation to aspects of Novelty and Inventive Step qualifications. Jurisdiction specific studies and case precedents in this respect are thus traversed in relation to some landmark globally noted precedents on patentability, involving biological subjects with special emphasis on Indian Patents Laws and its related restrictive Section 3 of Indian Patents Act, 1970 prohibitions in place. The multi-national TRIPS agreement traverses on the possible scope of national IPR laws, defining rights and obligations and the evolution of patent laws and precedents attracting such nano-biological advancements. Importantly, the traversal on the topic concludes with possible listing of likely dos and do-nots keeping in view the IPR protection of nanobiology subjects of advancements which undoubtedly needs special precautions, appreciation and evaluations until the nano biology and nano technology advancements are better streamlined along with its related legal issues for a more uniform global appreciation, which is obviously not the current situation to now rest upon as the study well reflects.