 |
International Journal of Biotech Trends and Technology (IJBTT) |  |
| © 2024 by IJBTT Journal | ||
| Volume - 14 Issue - 3 | ||
| Year of Publication : 2024 | ||
| Authors : Aradhana Nair | ||
| DOI : 10.14445/22490183/IJBTT-V14I3P102 |
How to Cite?
"Beyond The Blueprint: Are Designer Babies Patentable in India?" International Journal of Biotech Trends and Technology vol. 14, no. 3, pp. 7-12, 2024. Crossref, https://doi.org/10.14445/22490183/IJBTT-V14I3P102
Abstract
Over the last decade, innovations have increased, and the importance of the human healthcare field has also grown. Recently, the University of California and the Broad Institute began battling over the patents related to CRISPR CAS - genome editing. CRISPR CAS9, or Clustered Regularly Interspaced Short Palindromic Repeats, is a kind of precise molecular scissor that scientists use to edit faulty genes. Gene editing has its pros and cons. On the one hand, it is accepted that gene editing resolves children's health issues and provides security to future generations. However, on the other hand, it becomes crucial when it is used to design babies. The natural birth process of human life is being tampered with for selfish motives. Moreover, what would the impact of the altered genes be on the next generation? It may pose a threat to humanity. Every family may not be able to afford a beautifully designed baby. It may also raise questions on the constitutional validity of the practice. Has nature transferred the app to design babies into human hands? Intellectual Property Rights (IPR), protection for designing babies, raises a number of difficult technical and ethical-legal issues. Designing of babies is still developing and needs to be regulated. China, the US and India have used the technology successfully. There is a need to interpret the concept of designer babies through the lens of the Patents Act 1970. The paper proposes to draw the boundaries for the issues related to designer babies.
Keywords
Biotechnology, Gene editing, Designer babies, CRISPR technology, Gene patenting.
References
[1] How is a Designer Baby Created?, Designer Babies. [Online]. Available: https://mcsdesignbaby.weebly.com/backround-info.html
[2] Rowan Jacobsen, A Brief History of Gene Editing, Pacific Standard, no. 65, 2018. [Online]. Available: https://psmag.com/magazine/a brief-history-of-gene-editing/
[3] Heidi Ledford, “Broad Institute Wins Bitter Battle Over CRISPR Patents,” Nature, vol. 542, no. 7642, 2017.
[CrossRef] [Google Scholar] [Publisher Link]
[4] Sarah Ly, Ethics of Designer Babies, Embryo Project Encyclopedia, 2011. [Online]. Available: https://embryo.asu.edu/pages/ethics designer-babies
[5] Christopher Coble, Legality of ‘Designer’ Babies?, Findlaw, 2019. [Online]. Available: https://www.findlaw.com/legalblogs/law-and life/legality-of-designer-babies/
[6] R. Alta Charo, “The Legal and Regulatory Context for Human Gene Editing,” Issues in Science and Technology, vol. 32, no. 3, 2016.
[Google Scholar] [Publisher Link]
[7] Genome Editing, Post Note, House of Parliament, Parliamentary House of Science and Technology, no. 541, pp. 1-4, 2016. [Online]. Available: https://researchbriefings.files.parliament.uk/documents/POST-PN-0541/POST-PN-0541.pdf
[8] Lauren F. Friedman, “Tweaking the Genes in Human Embryos is Technically Legal in Many Countries, and a New Experiment Could Open Up the Floodgates,” Business Insider India, 2015. [Online]. Available: https://www.businessinsider.in/Tweaking-the-genes-in human-embryos-is-technically-legal-in-many-countries-and-a-new-experiment-could-open-up-the-floodgates/articleshow/47032030.cms
[9] Human Genome Editing: Science, Ethics, and Governance, National Academies of Sciences, Engineering, and Medicine; National Academy of Medicine; National Academy of Sciences; Committee on Human Gene Editing: Scientific, Medical, and Ethical Considerations, pp. 1-310, 2017.
[Google Scholar] [Publisher Link]
[10] Na-Kyoung Kim, “Gene-Editing: Interpretation of Current Law and Legal Policy, Development and Reproduction,” Development & Reproduction, vol. 21, no. 3, pp. 343-349, 2017.
[CrossRef] [Google Scholar] [Publisher Link]
[11] Why Our Gene Editing Laws Need to Catch Up?, The Medical Republic, 2017. [Online]. Available: https://www.medicalrepublic.com.au/gene-editing-laws-need-catch/1399
[12] Anirudh Kanisetti et al., Governing Gene Editing: A Policy Framework, Takshashila Policy Proposal, pp. 1-7, 2017. [Online]. Available: https://static1.squarespace.com/static/618a55c4cb03246776b68559/t/62bab60ed78ea34ac1764de2/1656403471583/TPP-Gene-Editing AK-MC-2017-04.pdf
[13] International Summit on Human Gene Editing A Global Discussion, National Academic Press, 2015. [Online]. Available: https://nap.nationalacademies.org/read/21913/chapter/1
[14] Human Genome Editing, The Japan Times, 2016. [Online]. Available: https://www.japantimes.co.jp/opinion/2016/09/26/editorials/human-genome-editing/#.W19JrvZuJy0
[15] Pam Belluck, Gene Editing for “Designer Babies”? Highly Unlikely, Scientist Say, The New York Times, 2017. [Online]. Available: https://www.nytimes.com/2017/08/04/science/gene-editing-embryos-designer-babies.html