Ethical and legal aspects of protecting the results of scientific activities in the field of genomic research

Authors


PhD, Deputy Head of the Department of Practical Jurisprudence
Russia, Moscow State Law University named after O.E. Kutafin
[email protected]


PhD, Associate Professor of the Department of Integration and European Law
Russia, Moscow State Law University named after O.E. Kutafin
[email protected]

Abstract

In this article, the authors consider the ethical and legal aspects of regulating the protection of the results of scientific activity in the newest field of scientific knowledge - genomic research. The objectives of are the research, intercomparison and assessment of models for protecting the results of scientific activities on the example of the European Union, formulating proposals for modernizing the legal regulation of the Russian Federation in the field of protecting the results of scientific activities in the field of genomic research. In this article, the authors analyze the foreign experience of patent protection of the results of scientific activity in the field of genomic research, paying special attention to the problems of judicial practice. Based on the analysis, the authors formulated recommendations for the Russian legislator.

Keywords

genomic research, scientific results, biotechnology, ethics, legal regulation, intellectual property, patent law

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Project finance

The materials were prepared within the framework of projects of the Russian Fundamental Research Foundation No. 18-29-14054 MK "Comparative study of the legal regulation of genomic research and commercial use of their results in the field of biobanking, bioinformatics and human reproduction in Russia and abroad" and No. 18-29- 15022 "Methods, models and problems of regulation and protection of subjective rights in the field of obtaining, using, disseminating and protecting the results of scientific activity and scientific information"

Suggested citation

Ponomareva Darya Vladimirovna , Barabashev Aleksandr Georgiyevich
Ethical and legal aspects of protecting the results of scientific activities in the field of genomic research// Modern Management Technology. ISSN 2226-9339. – #1 (97). Art. # 9703. Date issued: . Available at: https://sovman.ru/en/article/9703/

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References

  1. Baldwin T. Problems in applying the patent system to human genes and possible solutions to these problems // The Ethics of patenting human genes and stem cells. Conference Report and summaries, The Danish Council of Ethics, 2004.
  2. Bovenberg J. Whose tissue is it anyway? // Nature Biotech, 2005. № 23. Pp. 929–933.
  3. Grubb P.W. Patents for Chemicals, Pharmaceuticals and Biotechnology // Oxford: Oxford University Press, 2004. Pp.165–166.
  4. Launis V. Multidimensional Bioethics. A Pluralistic Approach to the Ethics of Modern Human Biotechnology // Turku: Painosalama Oy, 2001.
  5. Laurie G. Genetic Privacy, A Challenge to Medico-Legal Norms // Cambridge: Cambridge University Press, 2002. Pp. 304–307.
  6. Mason J.K., Laurie G.T. Mason and McCall Smith’s Law and Medical Ethics // Oxford: Oxford University Press, 2006.
  7. Nunnally A.C., Webster C.J., Brown S.A., Cohen G.A. Genetic patent protection in the pharmaceutical and biotechnology industries // Community Genet, 2005. № 8 (4). Pp. 209–216.