Legislative approaches of the begining of human life and patent on human DNA

There is no consensus on the matter and it determines the fact that international law avoids to specify and define the exact of beginning of human life and indicate the date by which the right to life is acquired - only after birth or it belongs to unborn human being too. International courts also do not provide a specific answer therefore in different countries the issues of beginning of life are regulated differently. World patent system is based on the main characteristics of patenting, i.e., inventions must meet the general details – invention novelty, utility and nonobviousness. In addition, it is important to comply with the requirements to public orde and morality, which are becoming essential on isolated human genes and cells patenting. Moral and Ethical issues in Europe and the U.S. are different scope. According to the European system, the question of when morality may be used as a basis to exclude patents on biotechnological inventions is an ethical question and also closely interconnected with fundamental constitutional issues. It must be kept in mind that Community law is premised on recognition and respect for diversity of moral traditions and culture in Europe. U.S. takes fully cardinal position than EU and focuses on technical inventions requirements: novelty, non-obviousness, and utility. Moral issues are not significant. This practice is formed the U.S. judicial system, which is based on the principle of public utility.