ManuScript Details
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Paper Id:
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IJCIRAS2042
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Title:
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GENE PATENTS AT THE CROSSROADS: LAW, ETHICS, AND BIOTECHNOLOGY INNOVATION
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| Published in: |
International Journal Of Creative and Innovative Research In All Studies |
| Publisher: |
IJCIRAS |
| ISSN: |
2581-5334 |
| Volume / Issue: |
Volume 8 Issue 10 |
| Pages: |
6
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| Published On: |
4/11/2026 9:21:41 PM (MM/dd/yyyy) |
| PDF Url: |
http://www.ijciras.com/PublishedPaper/IJCIRAS2042.pdf |
Main Author Details
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Name:
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Dr. Ashish Verma |
| Institute: |
Government Law College, Ajmer (Rajasthan) |
Co - Author Details
| Author Name |
Author Institute |
Abstract
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Research Area:
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Law and Legislature |
| KeyWord: |
Gene Patents, Biotechnology Innovation, Intellectual Property Law, Bioethics |
| Abstract: |
The rapid advancement of biotechnology has significantly transformed the landscape of modern medicine, diagnostics, and genetic research. One of the most debated issues emerging from this progress is the patenting of human genes. Gene patents occupy a controversial position at the intersection of law, ethics, and scientific innovation. This article critically examines the concept of gene patenting by exploring its historical evolution, legal foundations, scientific background, and ethical implications. Historically, the development of gene patenting can be traced to the expansion of intellectual property rights in the field of biotechnology, particularly during the late twentieth century when advancements in genetic engineering enabled the isolation and identification of specific gene sequences. Legal frameworks governing gene patents have evolved across jurisdictions, with courts and legislators attempting to balance the protection of innovation with the preservation of public interest and access to healthcare.
The article further examines the scientific basis behind gene patents, highlighting the distinction between naturally occurring genetic material and genetically modified or isolated DNA sequences. While proponents argue that gene patents encourage investment in research and development by providing economic incentives to biotechnology companies, critics contend that patenting human genes raises serious ethical concerns, including the commodification of life, restricted access to genetic testing, and barriers to scientific research. The ethical and social implications of gene patenting are therefore examined in light of global debates on human dignity, fairness, and public health.
In addition, the article evaluates the role of biotechnology companies in driving innovation while also influencing policy and intellectual property regimes. Special attention is given to the Indian perspective on gene patenting, particularly under the framework of the Patents Act, 1970, and its provisions that limit the patentability of naturally occurring biological materials. By analysing legal developments and ethical considerations, the article argues that a balanced and carefully regulated approach is necessary to ensure that intellectual property protection does not undermine scientific collaboration, healthcare accessibility, or fundamental human values. |
Citations
Copy and paste a formatted citation or use one of the links to import into a bibliography manager and reference.
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IEEE
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Dr. Ashish Verma, "GENE PATENTS AT THE CROSSROADS: LAW, ETHICS, AND BIOTECHNOLOGY INNOVATION", International Journal Of Creative and Innovative Research In All Studies,
vol. 8, no. 10, pp. 10-15, 2026.
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MLA
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Dr. Ashish Verma "GENE PATENTS AT THE CROSSROADS: LAW, ETHICS, AND BIOTECHNOLOGY INNOVATION." International Journal Of Creative and Innovative Research In All Studies,
vol 8, no. 10, 2026, pp. 10-15.
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APA
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Dr. Ashish Verma (2026). GENE PATENTS AT THE CROSSROADS: LAW, ETHICS, AND BIOTECHNOLOGY INNOVATION. International Journal Of Creative and Innovative Research In All Studies,
8(10), 10-15.
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GENE PATENTS AT THE CROSSROADS: LAW, ETHICS, AND BIOTECHNOLOGY INNOVATION
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