Journal of Legal Research

Journal of Legal Research

Legal Protection of Intellectual Property Arising from Biotechnological Innovations in the Legal Systems of Iran and the European Union

Document Type : Original Article

Authors
M.A in International Trade Law, Pardis Branch, Islamic Azad University, Tehran, Iran.
Abstract
Biotechnology and its legal consequences have, in recent decades, become one of the central arenas in scientific and technological governance, to the extent that various legal systems have been compelled to review and formulate effective regulations to guarantee safety, safeguard genetic resources, and protect biotechnological innovations. In this research, the Biosafety Law of 2009 in Iran, the National Biosafety Regulations Bill of Iran (including provisions on research restrictions and obtaining necessary permits), as well as parts of the new draft Biosafety Law, were examined using a descriptive-analytical method. Through a comparative study of the existing laws in the European Union and Iran, it was concluded that the regulations and general principles of the European Union in the field of protecting the registration of biotechnological inventions do not differ significantly from those in Iranian laws and largely overlap. Additionally, this research addressed the necessity of simultaneous attention to the rights of countries possessing genetic resources, the rights of holders of biotechnological know-how, and the rights of society. In accordance with the 1998 European Council Directive, the geographical origin of biological resources must be indicated. In Iranian laws, given that Iran is a country rich in genetic reserves, this important issue had not been addressed in the Patents Registration Law of 2007 and had been discussed only in an interpretive note on clause "d" of Article 4 of the aforementioned law. Fortunately, in the new Industrial Property Protection Law of 2024, the declaration of the geographical origin of the natural biological resource has become mandatory. However, the existence of legal gaps and some ambiguities still poses challenges to the process of protecting biotechnological innovations and underscores the necessity of formulating a comprehensive and coherent law in the field of registration and protection of these innovations.
Keywords

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