CEU Electronic Theses and Dissertations, 2024
| Author | Toktonazarov, Nursultan |
|---|---|
| Title | Navigating Legal Grey Areas: Biotechnology Patenting Challenges and Regulatory Gaps in the EU and the US Legal Systems |
| Summary | This thesis explores the intricate challenges of biotechnological patenting within the legal frameworks of the European Union (EU) and the United States (US), focusing on the dynamic intersection of scientific innovation, ethical considerations, and legal complexities. The rapid advancements in biotechnological fields such as gene editing, synthetic biology, and personalized medicine raise significant questions regarding patent eligibility, non-obviousness, and ethical implications. Central to this discourse are the controversies and legal puzzles presented by groundbreaking technologies like CRISPR-Cas9, which not only revolutionize biological research but also provoke debates on the boundaries of patentability, ownership, and ethical permissibility. The study employs a comparative analysis method, delving into legal texts, directives, regulations, case law, and scholarly works to expose and scrutinize the legal gaps and challenges across the EU and US jurisdictions. This paper aims to provide insights into optimizing patent systems to foster innovation while addressing ethical and legal concerns, and to understand how these legal frameworks contribute to and influence policies and innovations in the sphere of biotechnology. |
| Supervisor | Marco Botta |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2024/toktonazarov_nursult.pdf |
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