The patentability of genes and gene related inventions and its effects on the advancement of medical research in Malaysia / Farizah Mohamed Isa

The evolution of modern biotechnology in recent years, have made this industry a lucrative venture. Patents play a huge role in ensuring that the returns of investment for companies and investors are guaranteed. The issue of patenting of biotechnological inventions, particularly naturally occurring...

Full description

Saved in:

Bibliographic Details
Main Author:	Mohamed Isa, Farizah
Format:	Thesis
Language:	English
Published:	2020
Subjects:	Intellectual property
Online Access:	https://ir.uitm.edu.my/id/eprint/59824/1/59824.pdf
Tags:	Add Tag No Tags, Be the first to tag this record!

id	my-uitm-ir.59824
record_format	uketd_dc
spelling	my-uitm-ir.598242022-05-18T05:54:28Z The patentability of genes and gene related inventions and its effects on the advancement of medical research in Malaysia / Farizah Mohamed Isa 2020-12 Mohamed Isa, Farizah Intellectual property The evolution of modern biotechnology in recent years, have made this industry a lucrative venture. Patents play a huge role in ensuring that the returns of investment for companies and investors are guaranteed. The issue of patenting of biotechnological inventions, particularly naturally occurring biological materials such as living organisms, particularly genetic sequences has spawned a number of endless debates and litigation across the globe. These conflicts have left legislators baffled as they struggle to strike a right balance between protecting public interests and private rights. Adversaries to patents of such nature argue that gene sequences are product of nature, not human inventions and as such their discoveries do not entitle anyone to the exclusive rights conferred by patents. Opponents of DNA patenting also contend that allowing such patents, does more public harm than good as it hinders medical breakthroughs which could save lives. They claim that instead of promoting innovations, it stifles scientific research and hurts patient care due to the exorbitant costs associated with using patented data. However, promoters of gene patents object the notion that gene sequences are mere discoveries. They assert that substantial time and efforts are expended in isolating and studying a particular gene sequence, to find its use and chemical make-up for the benefit of mankind, and such noble efforts merit reward and recognition in the form of patent rights. The Malaysian Patents Act 1983 as it stands now, does not provide clear guidance on the patenting of biotechnological inventions per se. Although there are some exclusions on the matter, the current position in Malaysia with regard to inventions in the field of biotechnology is still vague. This research explores the pertinent issues regarding gene patents and endevours to suggest changes to the Patents Act 1983 in order to strike a balance between the progress of medical science and the protection of investments and scientific efforts for the Malaysian researchers and industries in particular, and mankind in general. 2020-12 Thesis https://ir.uitm.edu.my/id/eprint/59824/ https://ir.uitm.edu.my/id/eprint/59824/1/59824.pdf text en public phd doctoral Universiti Teknologi MARA Faculty of Law Lim, Heng Gee (Professor Dr.)
institution	Universiti Teknologi MARA
collection	UiTM Institutional Repository
language	English
advisor	Lim, Heng Gee (Professor Dr.)
topic	Intellectual property
spellingShingle	Intellectual property Mohamed Isa, Farizah The patentability of genes and gene related inventions and its effects on the advancement of medical research in Malaysia / Farizah Mohamed Isa
description	The evolution of modern biotechnology in recent years, have made this industry a lucrative venture. Patents play a huge role in ensuring that the returns of investment for companies and investors are guaranteed. The issue of patenting of biotechnological inventions, particularly naturally occurring biological materials such as living organisms, particularly genetic sequences has spawned a number of endless debates and litigation across the globe. These conflicts have left legislators baffled as they struggle to strike a right balance between protecting public interests and private rights. Adversaries to patents of such nature argue that gene sequences are product of nature, not human inventions and as such their discoveries do not entitle anyone to the exclusive rights conferred by patents. Opponents of DNA patenting also contend that allowing such patents, does more public harm than good as it hinders medical breakthroughs which could save lives. They claim that instead of promoting innovations, it stifles scientific research and hurts patient care due to the exorbitant costs associated with using patented data. However, promoters of gene patents object the notion that gene sequences are mere discoveries. They assert that substantial time and efforts are expended in isolating and studying a particular gene sequence, to find its use and chemical make-up for the benefit of mankind, and such noble efforts merit reward and recognition in the form of patent rights. The Malaysian Patents Act 1983 as it stands now, does not provide clear guidance on the patenting of biotechnological inventions per se. Although there are some exclusions on the matter, the current position in Malaysia with regard to inventions in the field of biotechnology is still vague. This research explores the pertinent issues regarding gene patents and endevours to suggest changes to the Patents Act 1983 in order to strike a balance between the progress of medical science and the protection of investments and scientific efforts for the Malaysian researchers and industries in particular, and mankind in general.
format	Thesis
qualification_name	Doctor of Philosophy (PhD.)
qualification_level	Doctorate
author	Mohamed Isa, Farizah
author_facet	Mohamed Isa, Farizah
author_sort	Mohamed Isa, Farizah
title	The patentability of genes and gene related inventions and its effects on the advancement of medical research in Malaysia / Farizah Mohamed Isa
title_short	The patentability of genes and gene related inventions and its effects on the advancement of medical research in Malaysia / Farizah Mohamed Isa
title_full	The patentability of genes and gene related inventions and its effects on the advancement of medical research in Malaysia / Farizah Mohamed Isa
title_fullStr	The patentability of genes and gene related inventions and its effects on the advancement of medical research in Malaysia / Farizah Mohamed Isa
title_full_unstemmed	The patentability of genes and gene related inventions and its effects on the advancement of medical research in Malaysia / Farizah Mohamed Isa
title_sort	patentability of genes and gene related inventions and its effects on the advancement of medical research in malaysia / farizah mohamed isa
granting_institution	Universiti Teknologi MARA
granting_department	Faculty of Law
publishDate	2020
url	https://ir.uitm.edu.my/id/eprint/59824/1/59824.pdf
_version_	1783735060334116864

The patentability of genes and gene related inventions and its effects on the advancement of medical research in Malaysia / Farizah Mohamed Isa

Similar Items