Medical Law
Year:2010 | Volume:4 | Issue:12|Papers Count:7

Today, biotechnology plays an important and effective role in different aspects of human’s life. So each Society should determine its fundamental Position towards moral and legal problems resulting from sciences and technologies such as stem cells, cloning, genetic engineering and etc. Fundamental moral and legal adoption in these areas is not only a cultural action and we should consider Political, social and economic issue. Thus we don’t have any solution except adopting actively appropriate policy. For example, It should be an appropriate and decisive policy for solving prescription or banning commercial production of agricultural genetically modified products especially with due attention to biosafety. Such policy isn’t useful without comprehensive scientific researches and participation of all interested party in designing, performance and supervision. The lack of appropriate policy in these issues will impose terrific damages on our economy and on our agriculture in the above example.

Creating legal incentive institutions is one of the grounds necessary for scientific and economic growth. By creating financial incentives for inventing, the patent system increases competition and encourages technological and as a result, economic growth. Considering it leads intellectual and financial investments into new knowledge and technology and leads to of the R&D sector, promotion of competition in the market of technology and creating more efficient technologies. Although sometimes some say that due to the distance of south and north countries in wealth and technology, patent system impedes the growth and development in developing countries, the logic of the patent system does not accept such approach. Also the patent system efficiency in some developing countries, does indicate the development of new indigenous technologies and necessary foreign investment needed in this area, is not reachable without a strong supportive system.

Patent claims determining the legal protection extent of an invention play an essential role in patent rights. Type and drafting of patent claims constitute indeed the important elements for determining legal protection extent of an invention on the one hand and enforcing patenee's exclusive right against competitors on the other hand.While different drafting or interpreting methods of patent claims and their applications in new technologies may also arise new legal issues, the aim of this study is to clarify and to examine different aspects of patent claims due to their legal extents of protection in the field of biotechnology, based on a comparative study.Thus, in order to find out an appropriate approach upon which we can determine protectable extent in patent claims, the first part of this study provides an overview of different approaches on interpretation of patent claims and the second part gives further details on practical case-study analyses. We have concluded that an exact, effective and appropriate application of our patent system in new technologies requires in advance development of a basic set of theoretical principles, doctrines and jurisdictions to explore different legal aspects which can be important to be considered in new technologies such as biotechnology, nanotechnology etc.

"Genetic resources" means genetic material of actual or potential value. GR Economical, Social and Environmental importance have caused serious concerns about biopiracy and neglect of national sovereignty right on the way of exploitation these resources and elimination possibility of them. Iran because of its rich genetic resources and along exercise its national sovereignty shall notice the approaches on Preservation against damages and destructions of these resources and Protection against biopiracy and abuse and unauthorized exploitation of them. A protection method to prevent the granting rights on GR to a party other than the origin countries is Defensive Protection. This form of protection is come before in art 4(d) of Iran Patent, Industrial Designs and Trademarks Act which is approved by the parliament in 2008. In time of ratification, the mentioned article faced oppositions most of them biotechnologists. This article is compiled with the aim of investigation on present legal obligations for preservation and protection of genetic resources in Iran and the predicted defensive protection mechanism's proponents and opponents.

Modern biotechnology can help global coalition against hunger and malnutrition. Global area under the production of transgenic plants has reached 134 million hectares at the end of the year 2009 and is expected to reach nearly 150 million hectares by the year 2010. In spite of the benefits that modern biotechnology offers, concerns have been raised in the proper and environmentally sound and safe application of this powerful tool for food production and environmental release of living modified organisms (LMOs). These include, but are not limited to concerns about consumers' safety, animal health, diminishing agricultural biodiversity, environmental pollution, loss of biodiversity, and social, economic and ethical concerns. Concerns about the commercial/environmental release of LMOs have reached from scientific/social debates to the level of governments and international treaties and agreements, reflected in the drafts of several international instruments such as Cartagena Protocol on Biosafety (CPB), Convention on Biological Diversity (CBD), World Health Organization (WHO), Food and Agriculture Organization (FAO), Codex Alimentarius Commission, International Standard Organization (ISO), World Trade Organization (WTO) and the GATT agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).Addressing these concerns at national and international levels requires an effective policy and regulatory framework, collectively called "biosafety regulations", for research and production; import, export and transit; environmental release, standards for human consumption of genetically modified organisms (GMOs) and IPR of the developed innovations. This framework should also promote investment in this field by both local and foreign investors.There are only a few developing countries that have their own biosafety guidelines; though this number is growing. The countries without their own biosafety regulatory system will essentially have to follow the international agreements and treaties. Developing countries may therefore, face difficulties in the field of agricultural biotechnology as importers, exporters and producers. The fact that Biosafety issue is included in several international documents indicates that the world has made its decision about modern biotechnology and its application for food security and combating hunger and poverty.

This writing tries to present a new approach of Iranian Boisafety Act (2009) in the light of rules and principles governing on legal interpretation and mechanisms of criminal law. This approach echoes a bilateral view on Iranian Biosafety Act 2009. In one hand it is tried to analyze how contents of this Act should be analyzed through considering mechanisms related to technologies stipulated in the Act and in the other hand, crimes related to biotechnology will be reviewed. It seems that criminal policy intends to approve an Act entitled Biosafey Act at any price without necessary consideration of legal rules and concerns so that Iranian nationals think that the interior Act is in line with international documents in the field of biosafety at the first hand. Nevertheless, it is worth considering that ignoring effects on Iranian Biosafety Act (2009) arisen from legal demands are in contrast with the soul of this Act and causes the Act to be waned in practice. Accordingly, the dominance of technical teachings on obligatory legal principles has one consequence: Lawyers' interpretations with those of experts in biosafety have made the aim considered by Iranian legislator obscure.

Military medicine research is vital for protection against weapons of mass destructions' specially threat of chemical and biological warfare and bioterrorism. Great advances in the life sciences, like biotechnology, genetic engineering and molecular biology have created a pressing need for steps that must be taken to reduce this threat to humanity.The biosafety regulations and code of conduct for scientists may provide a tool nationally adopted by each state party to the BWC convention in implementation of its obligations under the convention and in accordance with its constitutional process and put into force within its territory.The scientists should be encouraged to convene seminars, workshops and prepare research papers to raise the awareness. Training programs and materials on biosafety regulations and, GLP (good laboratory practice) and biomedical ethics should also be improved and inserted in university curricula.Codes of conduct should not leave individuals and scientists with the impression that codes are designed against them or their scientific activities. Due respect should be extended to the scientific community as members of the society who serve the noble objectives of humanity through the advancement of science. Wider contributions by the scientists in promotion,The promotion of international scientific and technological cooperation and exchange of information according to article X of the BWC regarding results of scientific research constitutes yet another effective assurance for the use of bio sciences to remain peaceful. Codes of conduct should avoid any restrictions on exchange of scientific discoveries in the field of biology for research, development, prevention, diagnosis and treatment or disease and other peaceful purposes.