THE HARMONIZATION OF THE REGULATION OF ANIMAL AND HUMAN CLONING IN THE WORLD PATENT SYSTEM: A DEVELOPING COUNTRY'S PERSPECTIVE

Tomi Suryo Utomo

Abstract

Since cloning was introduced to the public in the 1990's, the focus of discussion done byresearchers is whether animal and human cloning should be patentable. The response of WTO members on this question varies-some allow it, but mostprohibititon the basis of moralityandethical issues. Harmoniza tion is an appropriate solution to resolve the complexity and diversity of approaches to cloning. But in
practice, the harmonization movement more often fails than succeeds. Harmonization is often unrealistic or even Utopian. However, thispaper will argue thatharmonization is necessary. In doingso, it willcompare the content of patent laws inseveral countries, including the US, Canada, Japan, Europeand Indonesia. Finally, this paper concludes that harmonizing the world patent system for animal and human cloning requires not only consideration of legal issues, but also the social impact of harmonization on WTO
members.

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