IS PATENTING A THREAT TO REPROUCTIVE RIGHTS?

Abstract

Technology is the way to progress for the human race. Technology has changed the life of human beings from ancient times to the modern era. Law and society are interdependent on each other. Today’s modern society is standing on the crossroads of law, science, and technology. Technology, on the one hand, brings with it a vulnerability that cannot be neglected in the society like Invasion of privacy. On other hand there are technology that are introduced in modern times which helps one to procreate. With the extensive advances in medicine and medical technologies and to open a way to this manifestation of human mind, the medical sciences made an acute beginning by way of medically assisted human reproduction. Innovation in these technologies open a gateway for the innovator to apply for patent of these ideas to encourage economic and technological development and encourage competition by creating a financial incentive. But Patenting of ART can have an effect on reproductive rights in a number of ways. One of the main concerns is that it can make these technologies less accessible to people. It also raises ethical, social and legal issues. This study critically warrants the examination of current patent system with relation to the reproductive rights available under different legislations.