Intellectual Property Rights of Nano-biotechnology in Trade Related Aspects of Intellectual Property Agreement (TRIPS)

The emergent field of nanobiotechnology is currently very active worldwide with respect to intellectual property rights (IPR), especially patents. With the emergence of any new technology, nanobiotechnology creates opportunities as well as challenges in adapting the patent regime to its particular context. There is some consensus that patenting nanobiotechnology innovations poses problems than other technologies, owing to their multi-disciplinary character, cross-sectoral applications, broad claims, as well as difficulties in fulfilling the patentability criteria of novelty, nonobviousness, and industrial application. This is aggravated by the lack of a standardized terminology, which impedes easy identification of nanobio patents and the fact that patent offices may not be well equipped to handle nanobiotechnology. This paper seeks to examine the challenges which patenting of nano-biotechnology entails for the patent regimes of especially TRIPS agreement and how these could be addressed. The paper finally arrives at certain recommendations, to help reconcile the need to incentivize innovation in the new technology, with the imperative of ensuring that the public interest is served and access to the patented knowledge is not hindered.