Patenting Life: Global Perspectives on Intellectual Property in Genetic and Biotechnological Innovation Amidst Ethical and Legal Challenges

Abstract

The revolutionary capabilities of genetic engineering and biotechnology can revolutionize environmental conservation, agriculture and medicine. Because of this, intellectual property (IP) rights, particularly patents, are fundamental to their development, as they incentivize innovation by protecting investments in R&D. How IP works in these domains, however, raises significant questions regarding its broader implications for biodiversity, food security and public health. This research examines the correlation between intellectual property rights and innovation in biotechnology and genetic engineering, highlighting key technologies such as genetically modified organisms (GMOs), CRISPR and biopharmaceuticals. It examines the challenges of patenting these technologies, including the monopolization of genetic resources, the inability to access life-saving medicines, and the ethical dilemmas posed by the patenting of living things. Antubam, the paper highlights discrepancies on IP governance and its implications for equitable access of developing nations as opposed to developed nations. The US BRCA gene patent lawsuit and India's Section 3(d) pharmaceutical patent policy provide important insights into these difficulties. The findings of the study state that while IPR promotes innovation, it must be balanced with public interest, or it would ultimately compromise accessibility and sustainability. Because of this, it stresses the need for such IP frameworks to be transformed so that the creation of fair licensing policies to call for licensing of underpinned technology be established as well as the development of international treaties prioritizing sustainability and global health. To ensure that the genetic as well as the biotechnology engineering support the sustainable as well as the inclusive development, also maintaining its ethical standards, the study at the end makes a policy proposals which aligns with the IP law as well as the SDGs.