Author(s): Gordana Damjanović
Subject(s): Law, Constitution, Jurisprudence, Commercial Law
Published by: Правни факултет Универзитета у Нишу
Keywords: patents; research; reproductive cloning; therapeutic cloning

Summary/Abstract: The patent system rests on a delicate relationship between privileges and responsibilities. As a regulatory institution, it also takes into consideration the protection of the public interest through environmental protection, biodiversity, health, technological progress, education and security. Patent protection of inventions is aimed at promoting innovation and competition, while ensuring the protection of socio-economic interests. The financial aspects of biotechnological research and the deficiency of alternative protection for investments impose the need for their patent protection.The issue that draws special attention in recent years is whether patent protection should be granted to products resulting from the therapeutic cloning process. Cloning is one of the greatest challenges for humanity, particularly considering that the modern world is at an important turning point for further development. Regardless of whether it is performed for therapeutic or for reproductive purposes, the consequences of cloning are inconceivable for the time being. All countries are now unanimously pleading for the banning of reproductive cloning. It would be ethically inadmissible for a man to become a product of a human hand, as so many other products. As compared to reproductive cloning, legal regulation of therapeutic cloning goes in the opposite direction. Some countries have recognized the enormous capabilities provided by the nucleus transmission technique and have regulated the conditions for conducting therapeutic cloning in their legislation. Finally, as the development of therapeutic cloning cannot be stopped, it is necessary (regardless of all obstacles) to set standards for legal regulation of this area as soon as possible; notably, it should not be forgotten that similar obstacles existed at the time when the legal termination of pregnancy or medically assisted reproduction was discussed. All of these issues have recently been the subject matter of numerous and large-scale debates on ethical, religious and other aspects, but many countries eventually resolved them by legalizing the terminatation of pregnancy and assisted reproduction.

  • Issue Year: LVII/2018
  • Issue No: 81
  • Page Range: 419-436
  • Page Count: 18
  • Language: Serbian