IMR Press / FBE / Volume 5 / Issue 2 / DOI: 10.2741/E624

Frontiers in Bioscience-Elite (FBE) is published by IMR Press from Volume 13 Issue 2 (2021). Previous articles were published by another publisher on a subscription basis, and they are hosted by IMR Press on imrpress.com as a courtesy and upon agreement with Frontiers in Bioscience.

Open Access Review

Plants genetic manipulation: an approach from intellectual property

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1 Department of Civil Law, Law Faculty, Central University of Las Villas (CULV), Santa Clara, 54830, Cuba
2 National Copyright Center, CULV, Santa Clara, 54830, Cuba
3 Cuban Industrial Property Office, CULV, Santa Clara, 54830, Cuba, 4Department of Physical-Chemistry, Faculty of Chemistry and Pharmacy, CULV, Santa Clara, 54830, Cuba

*Author to whom correspondence should be addressed.

Academic Editor: Aliuska Duardo-Sanchez

Front. Biosci. (Elite Ed) 2013, 5(2), 408–417; https://doi.org/10.2741/E624
Published: 1 January 2013
(This article belongs to the Special Issue Legal issues for chem-bioinformatics models)
Abstract

From the end of the 20th century the Biotechnology has experimented a vertiginous advance so far, putting on approval concepts like bio-security and bioethics; becoming this way, the work with the genome of the plants, in a matter is worthy to be reconsidered by the juridical mark that regulates it, in order to moderate the norm to the new scientific context. The Intellectual Property, when recognizing patent rights on products that have incorporate biological material, as well as to the obtainer about the new vegetable varieties obtained, could mean an obstacle that impedes or hinder the access from the society to that product or that variety. In the same way is worthy of consideration, the fact that such products or varieties can be a risk for the human health or the Environment, and a monopoly of commercial exploitation for the holder of the patent or of the obtainer certificate. This study is about this topic; and valuation about aspects of Biotechnology related with the genome of the plants and their juridical protection, in the international sand as well in Cuba.

Keywords
Biotechnology
Genetic Engineer
Plants genome
Organisms genetically modified
Vegetable variety
obtainer
Intellectual Property
Patents
Sui generic protection
Bio-security
Bioethics
Review
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