Patenting Life Forms in Kenya With Specific Reference to Stem Cell Research

Abstract

Today in the medical field, there is a lot of research being conducted on stem cells. There is however a lot of controversy as to whether such research should be patentable. This dissertation aims to analyse the meaning of patentability of an invention, and thus whether stem cell research should indeed be patentable. 1.1 Research question The focus or question that I will address in this dissertation is whether the results of stem cell research should be patented in Kenya. The TRIPs agreement, of which Kenya is a signatory, provides for patents in Section 5. Article 27(2) thereof provides that "Member states may exclude from patentability inventions, the prevention within their territory of the conunercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal or plant life or health ... " Article 27(3) provides: "Members may also exclude from patentability: (a) Diagnostic, therapeutic and surgical methods for the treatment of humans or animals; (b) Plants and animals other than microorganisms, and essentially biological processes for the production of plants and animals other than non-biological processes. However, Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. .. "