Abstract
Intellectual Property is a creative work of human intellect, human creativity and innovation. The main idea of protecting Intellectual property is to encourage and reward creativity. Bioinformatics is a scientific discipline that has emerged in response of the excessive demand for a flexible and intelligent means of storing, managing, querying large and complex biological data sets. It is the collection, classification, storage and analysis of biochemical and biological information using computers especially as applied to molecular genetics and genomics. At the onset of genomic revolution, the main concern of bioinformatics was the creation maintenance of database to store biological information such as nucleotide and amino acid sequences. Due to the perceived importance of bioinformatics databases, many countries including United States, Japan, and India have been expending a lot of effort to study and construct bioinformatics databases and the government providing financial support. It has emerged as an important factor in the field of biomedical sciences and pharmaceuticals. Studies have found that India will be a great potential star in biotechnology keeping in mind the factors like bio-diversity, human resources, infrastructure facilities and government initiatives. Bioinformatics has emerged out of input from several different areas such as biology, biostatics and information technology. Due to this, there is also a high demand on both hardware and software capabilities.
Bioinformatics comprises a wide array of components, and it follows that a wide array of protection might be available, depending on the particular nature of the bioinformatics component and its intended use such as from patent, copyright, trademark, trade secret protection. Because of the tremendous growth and investment in the field of informatics, it is important to consider whether Intellectual Protection is available to offset the cost of development and create new efficiencies. This paper puts light on the nature of bioinformatics, scope and significance of bioinformatics and how various components of bioinformatics relate to Intellectual property protection, India’s position on patent protection to bioinformatics and other branches of Intellectual Property rights.
Keywords: Bioinformatics, Intellectual Property, Protection, Genetics, Scientific
Introduction
Intellectual property (IP) is an intangible right exercisable and asserted in respect of a material or tangible work. Initially during the regime of British in India, the British crown granted Letter patent and slowly due to industrialization and development of technology there arouse a situation to protect the efforts of an inventor and to reward and encourage him thereby giving protection to his invention. Hence, Intellectual Property is creative work of the human intellect, human creativity and innovation. With the advent of technological era where knowledge and information protection is of utmost importance, Intellectual property has gained utmost importance. There are also well established statutory, administrative and judicial frameworks for safeguarding IPRs in India. India has also complied with the obligations mentioned under the TRIPS agreement (Agreement on Trade Related Intellectual Property rights). Computer database and software programs are protected under IP laws as well as trade secrets though there is no specific statutory law in India but can receive protection from common law. Bioinformatics is a discipline where computer technology is applied for management of biological information. The science of Bioinformatics, which is combination of molecular biology with computer science is essential to find cure to human diseases by understand them through genomic information. Since this field using computer and software programs to store biological information are subject to monopoly or piracy, there is a need to extend IP protection to this field of science.
Nature and Significance of Bioinformatics
Bioinformatics is the use of computers and computer based technology to handle biological information. Over the century ago, history of bioinformatics started with an Austrian Monk named Gregor Mendel. He is considered as the “Father of Genomics” he cross fertilized different colors of the flowers which were of same species. He kept careful records of the colors of the flowers that he cross- fertilized and the colors of the flowers produced. After discovery of this, there started a long run of the field of bioinformatics and genetic record keeping. The research relating to genetics and bioinformatics was greatly developed since last thirty years. In 1981, 579 genes had been mapped and mapping by in situ hybridization had become a standard method. In 1988, The Human Genome Organization (HUGO) was founded. This is an international organization of scientists involving in Human Genome Project. In 1989, the first complete genome map was published of bacteria Haemophilus influenza.
The most fundamental building block of human body is the DNA through which human traits are transferred from one generation to next. Gene is a segment of DNA that is passed down from parents to children and confers a trait to the offspring. These genes instruct the body to create proteins in order to maintain the cellular structure of the organism and enable functioning of the cell. There are many diseases and the reason behind most of them is the defective enzymes or any defective functioning of the body systems. Proteins are the reason behind secretion of these enzymes and so analyzing and understanding of nature and composition of protein will help in understanding the nature and molecular reason behind the origination of a disease. And going to the basic level, understanding of the genes may even help in understanding the human diseases and possible cures.
Bioinformatics involve the design and implementation of programs and systems for storage, management and analysis of vast amounts of DNA sequence data. Through bioinformatics there is a large possibility of discovering cures for various diseases, understanding the disease and thereby preparation of drugs for curing the disease.
There is estimation that human cell has about 1,00,000 genes and there is a specific and unique sequence of DNA in every gene. Hence there is an immense need to formulate a technique or method which would help in cataloging and sequencing the abundant DNA information. And there is also need for technological application to study about these genes, their nature and functions. This is the reason behind the origin /genesis of bioinformatics.
Studies have also shown that India will be a favorable spot in biotechnology due to the factors like bio diversity, human resources, infrastructure facilities and government facilities. Bioinformatics include information from biology, biochemistry, molecular biology biostatics and information technology. And the core for this informatics system is the specially designed algorithms and organized databases. Hence there is a high demand for both hardware and software capabilities. This sector is considered to be quickly growing and developing field in the Country and already has many startups in Bangalore, Hyderabad, Pune etc.
Before understanding Intellectual Property Protection for bioinformatics, there is a need to know various components involved in the field of bioinformatics. Bioinformatics is analyzed through following categories:
- Biological sequences such as DNA, RNA and Protein sequences
- Databases in which these sequences are organized and
- Software and hardware designed to create, access, organize and analyze information contained within these sequences and databases.
Rapid advances in Information Technology, particularly in the area of bioinformatics have played a critical role in development of modern biotechnology in medicine and in agriculture. Bioinformatics is the science of collecting and analyzing complex biological data such as genetic codes. One such bioinformatics technology is CRISPER-Cas9, a unique technology which enables geneticists and medical researchers to edit parts of the genome by removing, adding or altering sections of DNA sequence. This technology has a great use for treating range of medical conditions that have a genetic component including Cancer, Hepatitis B or even higher cholesterol. It helps in design of new variety of grains, roots and fruits and can be used to make bacterial cultures more resistant to attacks from viruses. Thus it favors agriculture and improves productivity. This technology also helps in creation of transgenic animals like rats, mice etc. and this technology is analyzed by the scientists to determine whether human organs can be created or not. And if it is successful, there can be found a solution t the problem of shortage of human organs relating to transplantation processes. This technology also has other uses such as it can be used for treatment of infectious diseases and can kill only disease causing bacteria and spares the beneficial bacteria.
Importance given to Bioinformatics in India
Progress of India in this field- India was one of the forerunners in the bioinformatics field. India entered into the league of the United States, the United Kingdom, Canada, China and Korea after successful completion of Human Genome Project in 2009. In 1986, the Department of Biotechnology (DBT), a regulatory body of Biotechnology also carries out bioinformatics was established. It is known for the development of the Biotechnology Information System Network (BTIS net) in 1987. And India holds the privilege of the fiorst country to develop such a network. This Department also formulated the Bioinformatics Policy of India (BPI) in 2004 and also developed a mechanism which helped for exchange of important information relating to bioinfpormatics within SAARC member countries. India has more trained Bioinformatists then any other country in the world and is seeing double digit growth in the sector.