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Critical Analysis of Moral and Public Order Grounds Limiting Patent Protection

  • Unique Paper ID: 172158
  • Volume: 11
  • Issue: 8
  • PageNo: 2486-2494
  • Abstract:
  • This article explores the intricate and multifaceted relationship between morality, public order, and patent protection, highlighting how ethical considerations significantly influence patent laws worldwide. It provides a comprehensive examination of the historical evolution of patent law alongside the philosophical foundations that underlie these legal frameworks. The focus is primarily on Indian law and its interaction with international agreements such as the Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the European Patent Convention. The discussion reveals the inconsistencies and challenges that arise when moral standards are applied within patent law. A comparative analysis of landmark cases, notably Diamond v. Chakrabarty and the Oncomouse case, illustrates how ethical considerations can vary widely and impact legal outcomes. These cases exemplify the complexities surrounding the patenting process, particularly in fields like biotechnology and genetics, where the ethical implications of patenting living organisms are hotly debated. The article advocates for a series of reforms to create a balanced approach to the intersection of innovation and ethics. By striving to foster a legal environment that prioritizes both technological advancement and adherence to moral principles, the proposed reforms aim to address existing disparities within patent law. The ultimate goal is to ensure a fairer and more equitable patent system that considers the interests of inventors, consumers, and society. In conclusion, this article contributes to the ongoing discourse on harmonizing ethical considerations with the need for innovation in an ever-evolving global landscape. Analyzing the historical context and current legal frameworks underscores the importance of developing patent laws that are not only forward-thinking but also ethically sound, ensuring that the benefits of innovation are realized without compromising moral standards.
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Cite This Article

  • ISSN: 2349-6002
  • Volume: 11
  • Issue: 8
  • PageNo: 2486-2494

Critical Analysis of Moral and Public Order Grounds Limiting Patent Protection

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