Abstract

The patenting of microorganisms and other life forms presents a complex and contentious issues, especially when comparing the approaches of nascent patent regimes like India with those of developed regions such as Europe and the USA. As it is well known that, microorganisms are found naturally, forming a part of the ecosystem and they are discoverable per se and not inventible hence, why the question of them being patented arises? Where a line should be drawn if patenting of microorganisms and life forms are allowed, in order to maintain the balance between encouraging research and development and their exploitation? This paper examines how these regimes differ in their approach to the patentability of living organisms, highlighting India's proactive stance in implementing TRIPS mandates to foster research and development in biotechnology. The paper delves into the moral, legal, and ethical dilemmas associated with bio patenting, arguing for a balanced intellectual property regime that respects both commercial interests and public welfare. It underscores the importance of situational exceptions and flexibilities in the Indian IP framework to accommodate indigenous conditions while adhering to international agreements. The need for sensitivity towards public health and ethical concerns is emphasized, alongside a caution against unfounded mistrust of commercial entities to promote scientific advancement responsibly.

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