Prioritising human rights principles in synthetic biology innovation and patenting

Human rights discourses traditionally centre around interference with the freedom of expression, association and movement, or other abuses by states and their agents. Nonetheless, new biotechnologies, specifically synthetic biology, and patent rights that contend with human rights principles, equally deserve attention. Synthetic biology is a new phase of modern biotechnology pioneering essential treatments, and other breakthrough solutions to humanity’s diverse needs. This article contends that, despite its potential to improve human life, synthetic biology and the existing patent system threaten human rights, especially the right to health, by discriminating against individuals, who cannot afford medical products and services, thereby heightening the risk of exclusion from essential healthcare. The article relies on relevant laws, judicial, as well as patent office determinations, and other literature. It suggests that human rights norms should be accorded a more prominent role in biotechnological innovation and patenting to enable them contribute meaningfully to the enhancement of human life and advancement of science.