Biotechnology

Biography

Biography: Durgesh Mukharya

Abstract

As the pharma industry becomes more focused towards biopharmaceuticals and personalized medicines, biotechnology is increasingly playing an important role in coming up with newer and more innovative solutions to problems associated with human health. This approach is ably supported and encouraged by intellectual property, particularly patents, which seek to protect commercial interests while ensuring reward for innovation. However, in the volatile landscape of patent laws, new precedents and interpretation of statutes give rise to complex scenarios, thereby making it imperative to understand the nitty-gritties of patent laws. The important aspect is to recognize patent eligible subject matter in various jurisdictions and to comprehend as to what cannot be protected through patents. These issues are more pronounced and important in US than ever before, particularly in view of the recent spree of landmark judgments such as Myriad and Prometheus from the Supreme Court of the US. On the other hand, as India continues to evolve in its patent practice, it finds itself amidst difficulties in dealing with provisions of The Patents Act intertwined with The Biodiversity Act. Hence, it is important to know the scope of statutes and provisions in US and India in more detail, which forms a basis on what is protectable versus what is not in the biotech sector. Thus, due awareness of patent laws is of criticality since the stakes are high and the overall impact of patents on biotechnology, especially R&D, is tremendous.