Open AccessPATENTS ON GENE SEQUENCES
Author(s) -
Clarisse de la Cerda
Publication year - 2018
Publication title -
panorama of brazilian law
Language(s) - English
Resource type - Journals
ISSN - 2318-1516
DOI - 10.17768/pbl.y3n3-4.p301-341
Subject(s) - patentability , unanimity , legislation , intellectual property , supreme court , theme (computing) , constitution , law and economics , property (philosophy) , law , political science , patent law , business , sociology , epistemology , computer science , philosophy , operating system
The patents on gene sequences are a controversial theme in the setting of intellectual property. The discussion revolves around the supposed inventiveness of these genetic materials: would they be considered true inventions or mere discoveries? It is certain that there is no unanimity of treatment. This study sought to systematize the patentability on genetic materials, under the decision on the Myriad Case, decided by the U. S. Supreme Court. Also, an analysis of the Brazilian legislation was necessary, as well as an understanding of the Brazilian Patent Office’s practice. Considerations were made regarding whether the protection of biotechnological inventions is necessary, pondering the mandatory social purpose of the scientific and technological development established by the Brazilian Constitution.