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June 16, 2019
dividerNews Archivedivider“Biologicalization of Patent Law Using Multidisciplinary Approaches" presented by Dr. Mohammadreza Parvin
“Biologicalization of Patent Law Using Multidisciplinary Approaches
“Biologicalization of Patent Law Using Multidisciplinary Approaches" presented by Dr. Mohammadreza Parvin

Dr. Mohammadreza Parvin, Assistant Professor and Head of Intellectual Property & Transfer Technology Office of Agricultural Biotechnology Research Institute of Iran (ABRII) presented his lecture entitled “Biologicalization of Patent Law Using Multidisciplinary Approaches”.

“IPScholars Asia” is an initiative that has been created in order to provide a forum for scholars researching and writing on IP law-related issues to present and discuss their works-in-progress with colleagues from other universities”, said Parvin. The First and Second editions of the “IPScholars Asia” Conference were hosted by the School of Law at SMU in 2016 and 2017.

He declared that his abstract entitled “Biologicalization of Patent Law Using Multidisciplinary Approaches” argues that the patent law has been the subject of modifying adaptations as well, notably regarding the scope of patent protection. Such adaptations are, in principle, made by integration of new particular concepts into the common conceptual box of patent law which seem more adaptable to certain types of biotechnological inventions. The extended scope of patent protection to biological materials under the article 8.1 of the European directive 98/44, is in fact an example of such adaptation based on the new concept of "auto-reproducibility" being more adapted to biological materials. On the basis of the last adaptation, it is in fact possible to talk about "Partial biologicalization" of patent law in favor of patentability of certain biotechnological inventions. Overall, it can be concluded that apart from some ethical challenges faced regarding the patentability of biotechnological inventions, the current policy taken by most countries all around the world, is to constantly move towards a legal, conceptual, and technical adaptation of patent law to biotechnological innovations through balancing between the legal concepts existing in the "common conceptual box" of patent law and the required new multidisciplinary approaches. In line with that, in 2012, the EU Commission instituted a group of experts to study the evolution and implications of patent law in the field of biotechnology and genetic engineering. The tasks of the expert group included assisting and advising the Commission in its reporting obligations under the Article 16 (c) of Directive 98/44 / EC. On such basis, it seems necessary to begin a similar initiative at regional scale in Asia as well to achieve a technical and legal harmonization for patenting biotechnological inventions based on regionally agreed multidisciplinary approaches.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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