The present article provides an assessment of the implications of intellectual property claims in relation to micro-organisms. It fundamentally focuses on the lack of a precise definition of the term 'micro-organism' resulting in inherent anomalies in patenting these life forms. Though the TRIPS Agreement mandates patent protection for micro-organisms, it does not define micro-organisms, thus there is no standard definition for member nations to follow. This has wide implications for developing countries rich in bio-diversity, such as India. The lack of a precise definition may cause conflicting or dubious interpretations of the term 'micro-organism', which in turn may lead to the patenting of non-patentable objects.
Business Law Review