General review of the new object of patent law which correlates to the new biological weapon and relating to pharmacogenomics - Статья

GENERAL REVIEW OF THE NEW OBJECT OF PATENT LAW WHICH CORRELATES TO THE NEW BIOLOGICAL WEAPON AND RELATING TO PHARMACOGENOMICS Emilio Jose Armaza-Armaza, In today’s highly technological world, biotechnology is one of the most innovative and highly invested in industries for research, in the field of science. Since the researcher in pharmacogenomics has been given the promise to create personalized treatment and drugs for patients suffering from many common diseases, particularly those with multiple treatment modalities [1], the issue about the legal status of inventions in the field of phar- macogenomics and criteria of patentability for them becomes one of the most important to be solved at the beginning of pharmacogenomics era. The research results of the pharma- cogenomics gradually assuming an important part in clinical practice in developed countries and becomes the main subject for research for pharmaceutical companies. As a rule the world biggest’s pharmaceutical companies are interested to invest money to pharmacogenomic’s research and involving such results to produce “personalized” drugs in the practice. The prospect of acquiring exclusive rights for inventions, which are based on the establishment of certain medicines to treat a wide range of health problems, including cardiovascular disease, Alzheimer’s disease, cancer, HIV / AIDS and asthma, which are provided by patent protection is a strong incentive for pharmaceutical companies to develop research in phar- macogenomic [2]. That is why being able to secure the intellectual property in pharmaco- genomics research is vital to attracting investment, protection innovations, and fostering the success of companies with leading technologies. Patent availability nowadays on the one hand is the main instrument for protecting investments, and guaranteed earnings for pharmaceutical companies what provides the investments to new researches. Although, on the other hand, patents in the pharmaceutical and phar- macogenomics areas are legal instrument for manipulate categories such a health and sickness, life or death depending of the material wealth individuals. The question of compliance with the conditions of patentability to inventions in pharmacogenomic including general questions of the patentability of the inventions, additionally correlates the possibility of obtaining a patent for an invention that uses human genes, the issues of morality and public order, and concerns the use of the results of pharmacogenom- ic as weapons of bioterrorism. The issue of the use of the results of pharmacogenomic as bioterroristic weapons was one of the main subject of the research work during the research stay at the University of the Basque Country (Bilbao, Spain), within the framework of the Project «Bioterrorismand Biosecurity: Basis to structure new penal instruments to face the biological threats» (funded by the Spanish Ministry of Economy and Competitiveness MINECO and developed at the University of the Basque Country).