Experience of EU countries on ethical aspects of patenting biotechnologies in the field of medicine and pharmacy

Abstract

Keywords: patenting, ethics, biotechnological inventions, medicine, pharmaceuticals,health The progress ofmodern biotechnological achievements poses new ethical and social challenges to society.Research using biotechnology in medicine and pharmacy leads to more in-depthknowledge of diseases. With the help of biotechnology, it becomes possible to treatpreviously incurable diseases. It is worth noting that today with the possibility ofusing biotechnological developments, the scientific community in a very short timewas able to successfully invent vaccines against COVID-19.During clinical trials, the safety of study subjects should be unneglected for therapid introduction of the product to the market. Ethics and innovation in modern societyalways go hand in hand, especially in the field of health care. The worldwidespread of COVID-19 underscores the importance of maintaining a balance betweenethics and intellectual property rights when human lives are in mortal danger.Society is concerned about the ethics of patenting life, namely, the possibility ofpatenting genes, cell lines and human tissues. The Directive states that the humanbody cannot be invented at certain stages of its formation and development, includinggerm cells, as well as the simple discovery of one of its components, including the sequenceor partial sequence of a gene.Patents that relate to the human gene are particularly critically examined ethically.Ethics, morality, and law are interrelated components and are extremely importantfor society to accept the invention. EU patent law is based on ethical principles. Thus, theadoption of the Directive was envisaged for the development of the EU economy, the abilityto regulate controversial issues regarding the patenting of biotechnological inventionsby criteria of ethics and morality and to harmonize EU legislation.Owners who run biotechnology institutions (organizations) must protect the results ofresearch, and obtaining patents is the most effective way. After all, long-term researchand development of new products or processes require significant financial costs. The intellectualproperty product must be protected by a patent, including biotechnological inventions.