The issue of patentability for pharmacogenics inventions according to Ukraine and EU legislation
The issue of patentability for pharmacogenics inventions according to Ukraine and EU legislation

Summary/Abstract: This article discusses the issues associated with the new modern object for patent law, which are the results of the study pharmacogenomics according to Ukraine and EU legislations. In today's highly technologi-cal world, biotechnology is one of the most innovative and highly invested in industries for research, in the field of science. Since the researcher in pharmacogenomics has been given the promise to create personalized treatment and drugs for patients suffering from many common diseases, particularly those with multiple treat-ment modalities , the issue about the legal status of inventions in the field of pharmacogenomics and criteria of patentability for them becomes as one of the most important to solved on the beginning of pharmacogenomics era. The research results of the pharmacogenomics gradually assuming an important part in clinical practice in developed countries and becomes the main subject for research for pharmaceutical company. As a rule the world biggest's pharmaceutical companies’ are interested to invest money to pharmacogenomic's research and involving such results to produce in the practice a “personification” drugs. The prospect of acquiring exclusive rights for inventions, which are based on the establishment of certain medicines to treat a wide range of health problems, including cardiovascular disease, Alzheimer's disease, cancer, HIV / AIDS and asthma, which are provided by patent protection is a strong incentive for pharmaceutical companies to develop research in phar-macogenomic. That is why being able to secure the intellectual property in pharmacogenomics research is vital to attracting investment, protection innovations, and fostering the success of companies with leading technolo-gies. Patent availability nowadays in a one hand is the main instrument for protecting investments, and guaran-teed earnings for pharmaceutical companies what provides the investments to new researchers. Although, on the other hand, patents in the pharmaceutical and pharmacogenomics areas rather becomes are legal instrument for manipulating categories such a health and sickness, life or death depending of the material wealth individu-als. The question of compliance with the conditions of patentability to inventions in pharmacogenomic includ-ing general questions of the patentability of the inventions, additionally correlates the possibility of obtaining a patent for an invention that uses human genes, the issues of morality and public order are. This article analyzes the patentability of inventions pharmacogenomic from the point of view of industrial property rights under the laws of Ukraine and the EU. In addition, this article aims to discuss the issues associated with the new modern object for patent law, which are the results of the study pharmacogenomics; the determination of criteria of patentability of pharmacogenomics in accordance with the legislation of Ukraine and to compare them with the criteria according to EU.

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