Biotechnology and IP Protection: The Indian Approach to Balance Innovation, Ethics and Public Interest

Abstract

The evolution of biotechnology has led to significant advancements in healthcare, agriculture, and environmental science, which in turn have made the landscape of intellectual property rights (IPR) increasingly complex, particularly in the  realm of patent law. This research critically explores how patent law in India has adapted to the rise of new biotechnologies, focusing on issues such as patent eligibility, the encouragement of innovation, and ethical considerations. The study advocates for a revised legal framework in India that addresses the challenges of emerging biotechnologies leading to the creation of new varieties of plants, while protecting public interests. By proposing a balanced approach that promotes both innovation and public welfare, this research aims to offer a comprehensive understanding of the legal and ethical challenges at the intersection of biotechnology and patent law in India.