چکیده:
<p dir="RTL">"Genetic engineering" inventions are protectable as "intellectual property" in the intellectual property law system. Protecting many of these inventions in the intellectual property law system is justifiable from various economic, environmental, ethical, and human rights perspectives; based on the existing principles in each of the aforementioned aspects, to protect genetic engineering inventions in the intellectual property law system, the application of genetic engineering must be carried out while observing the principles and components of desirable economic, environmental, ethical, and human rights. Furthermore, based on these principles, performing certain genetic engineering acts is not permissible, and consequently, inventions resulting from this group of acts cannot be protected in the intellectual property law system.</p> <p dir="RTL">According to the implication of Article 2 of the 2008 Biosafety Law, performing genetic engineering acts is permissible under the positive law of Iran. Article 8 of the said law, as well as Article 16, paragraph 2 of the Convention on Biological Diversity, to which Iran is a party, consider genetic engineering inventions to be covered by the intellectual property law system.</p>
خلاصه ماشینی:
Furthermore, based on these principles, some genetic engineering practices are not permissible; consequently, inventions resulting from this group of aforementioned practices cannot be protected in the intellectual property rights system.
Given the aforementioned realities, the protection of genetic engineering inventions in the legal system intellectual property rights possesses specific complexities and difficulties from various economic, environmental, ethical, and human rights perspectives.
Providing the aforementioned necessities will not be achieved through prohibiting protection of inventions in the intellectual property rights system; rather, this goal will be achieved by changing regulations in this field and creating certain requirements for producers, which facilitate and enable access easy consumption of genetic engineering products, will be achieved.
The first and most important criticism raised in this regard is that, protecting genetic engineering acts, which are performed on the genome of living beings, within the intellectual property rights system, results in the denial and rejection of the sanctity and inviolability of life by assigning economic value to genetic products produced from the genome of living beings and considering these products as tradable goods.
The International Declaration on Human Genetic Data has also stipulated in paragraph 8 of Article 1 regarding the objectives of the Declaration: "The objectives of this Declaration are as follows: to ensure respect for human dignity and the protection of human rights and fundamental freedoms during the collection, processing, use, and storage of human genetic data, human protein data, and obtained biological samples, which shall hereafter be referred to as biological samples, while maintaining requirements related to fairness, justice, and solidarity, and taking into account freedom of thought and expression, which includes freedom of research, to provide principles that guide states in formulating their laws and policies on this subject, and to shape the basis of correct activity policies in this field for institutions and individuals.
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