Biotechnology Patents and Innovation Policy in India: Navigating TRIPS Compliance and Future Technologies

Jinesh, M (2025) Biotechnology Patents and Innovation Policy in India: Navigating TRIPS Compliance and Future Technologies. Intellectual Property Rights in India: Innovation, Protection, and Future Trends. ISBN 978-93-343-6566-5

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Abstract

India's biotechnology patent regime represents a complex intersection of international obligations, domestic innovation needs, and public health imperatives. Following TRIPS Agreement implementation, India has transformed its intellectual property framework, creating robust legal structures that balance innovation incentives with access to essential technologies. The biotechnology sector presents unique challenges in patent law, involving living organisms, genetic materials, and traditional knowledge systems that require careful regulatory consideration. This chapter examines India's approach to biotechnology patents, analyzing key judicial decisions, policy frameworks, and emerging challenges in areas such as pharmaceutical biotechnology, agricultural innovations, and genetic engineering technologies. The analysis reveals how India has strategically utilized TRIPS flexibilities, including compulsory licensing provisions and strict patentability criteria, to maintain sovereignty over essential medicines while fostering innovation. Contemporary developments in CRISPR technology, synthetic biology, and AI-driven biotechnology innovations present new regulatory challenges that require adaptive policy responses. The chapter concludes that India's biotechnology patent system successfully balances competing interests through strategic use of international legal frameworks while protecting traditional knowledge and ensuring affordable healthcare access. The study demonstrates how developing nations can implement TRIPS-compliant patent systems while preserving policy space for addressing domestic priorities including healthcare accessibility, food security, and traditional knowledge protection.

Item Type: Book
Subjects: Legal Studies > Intellectual Property Law
Domains: Legal Studies
Depositing User: Mr IR Admin
Date Deposited: 10 May 2026 18:28
Last Modified: 19 May 2026 11:54
URI: https://ir.vistas.ac.in/id/eprint/15456

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