Amerika ve Avrupa Patent Sistemi Işığında Biyoteknolojik Buluşlar Kapsamında Türk Hukuku'nda Kök Hücrenin Patentlenebilmesi

Abstract

Within the last period developments in biotechnology has been considerably fast, from which stem cells, being a sub-branch of biotechnological inventions, have also been affected. On the other hand, it is possible to state that patent protection which is the legal reflection of technological developments within the context of property right, is still debated upon the concept of patentability of stem cell inventions. In this study, American Patent System and stem cell inventions within the system and European Patent System and stem cell inventions within the system are examined first. Under the light of information discovered, patentability of stem cell studies which are legal in America, has led to debates over whether it is extracted from human embryo in Europe. After the examination, it is detected that there is no regulation upon stem cell patentability which are not extracted from human embryo in Turkey as well as emphasizing the importance of defining the concept human embryo. Reasons behind the necessity of such regulation and definition have been discussed. It appears beneficial for international regulations and national development that products and processes which are invented due to the use of stem cells that are not extracted from human embryo or from human embryo which is not eligible to develop into a human being, should also be regulated in Turkey regulations and allowed to be patented.