Guaranteeing biological safety as a basis for limiting the patent-protected rights of intellectual property subjects

Abstract

The relevance of the subject under study is conditioned upon the rapid and active development of the biotechnological area. This segment of the economy and science requires not only comprehensive preliminary work, but also further legal protection of the interests of inventors and society. The development of biotechnologies regulates not only the present, but also the prospects for the future. But it is important to harmonize the use of biological processes to avoid a biological catastrophe. The purpose of this study was to investigate the possible legal instruments for limiting the patent-protected powers of subjects of intellectual property law to guarantee biological safety. The following methods were used to collect, process, and present information in this paper: general scientific (formal-logical, analysis and synthesis, comparison, induction and deduction, systematization) and special-legal methods (formal-legal, comparative-legal). This study considered the possibility of limiting the rights granted to the subjects of patenting to guarantee biological safety. International and Ukrainian legislation was analysed in the aspect of patenting biotechnological achievements, compulsory patenting and restrictions on the rights of patenting subjects. The legal nature of biotechnologies as objects of intellectual property rights was identified. Legal measures to restrict the patent-protected powers of subjects of intellectual property rights were highlighted. Attention was drawn to the legal consolidation of the resolution of controversial issues in the field of patenting of biotechnological inventions according to the criteria of ethics and morality. The need to improve the national legislation governing issues of biotechnological research considering the principle of sustainable development, according to which social and ecological aspects should be recognized as a priority, was substantiated. The importance of this study is reinforced by the increased demand for biotechnologies, which leads to certain legal actions related to their protection. The present paper will be useful for scientists in the field of law, medicine, and bioengineering.