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Tinjauan yuridis terhadap keberadaan pematenan DNA manusia dikaitkan dengan Hukum Paten Indonesia
As we move into the era of globalization, technology plays an
increasingly important role in the complexity of human life. One
such field is Biotechnology, which is considered the next big thing to
be developed and invested in by many, so called, advanced and
modern societies. Biotechnological products such as vaccines,
antibodies, and antibiotics already have billions US dollar net
market.
People have begun to realize that they need protection for
the products of technology which they had researched and
developed. Therefore Intellectual Property Law, specifically Patent
Law, has provided such protection for those who wish to hold
patent rights for products or processes of technology.
For almost two hundred years patent rights were only been
given to inventors who developed new technology in non - living
thing areas. Patenting products of nature was considered forbidden
but this changed when US PTO (United states Patent and Trade
Office) started giving patents for living things. One such case, which
is considered the landmark case is Diamond v. Chakrabarty case.
Debate and argues have arisen to decide whether it is right
or wrong to patent living things. However, the controversy of
patenting, the peoples realized the enormous profit in life patenting.
In 1997 human tissues market was estimated 428 million US dollar.
With a growth of 13.5% by the year 2000 it has achieved 1 billion US
dollar.
Human life patenting raises fundamental issues, not only legal
issues, but also social and ethical issues. When the average person
expresses their opinion about patenting DNA, they are often
reacting to the idea of owning something fundamental to human
personhood. A lawyer would probably debate the inventiveness or
utility of patent applications. Ethical practitioners would question
the human dignity or the function of DNA patenting for the
goodness of mankind.
Throughout this mini - thesis the writer will examine the
problem concerning DNA Patenting and explanation about DNA
patenting based on Indonesian Patent Law and conventions that
have been ratified by Indonesian govemment.
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