Open AccessThe Concept of Legal Protection of Biomedical Technologies
Author(s) -
Е. А. Моргунова
Publication year - 2022
Publication title -
vestnik universiteta imeni o.e. kutafina (mgûa)/vestnik universiteta imeni o. e. kutafina
Language(s) - English
Resource type - Journals
eISSN - 2782-6163
pISSN - 2311-5998
DOI - 10.17803/2311-5998.2021.87.11.160-167
Subject(s) - risk analysis (engineering) , emerging technologies , engineering ethics , law and economics , data protection act 1998 , business , computer science , political science , law , engineering , economics , artificial intelligence
The article is devoted to consideration of approaches to defining the essence of legal protection of biomedical technologies and determining the conditions and procedure for granting them legal protection. Attention is drawn to the fact that the regime of patent protection for technical solutions is not applicable to the protection of biomedical technologies. The article provides a rationale for the need to provide a special regime of legal protection for biomedical technologies, identifies the conditions under which biotechnological solutions can be provided with legal protection. Particular attention in the article is paid to issues related to taking into account the interests of persons who are involved in conducting experiments, guarantees are allocated to protect their interests, as well as other categories of persons whose interests should be taken into account when determining the procedure for granting legal protection and determining the limits of legal protection of biomedical technologies. The author made an attempt to highlight the conditions of protection of biotechnological solutions and to determine the composition of the application, taking into account the selected conditions of protection of these decisions.