Anna Portelli was granted an MGSS Scholarship, which partly funded the reading of a three-year Master’s degree course at Liverpool University (LLM Intellectual Property and Technology).

The dissertation submitted was titled ‘Is it feasible to characterise DNA as an image right, with ancillary property rights?’ It addresses DNA intellectual property rights, moral and ethical concerns (e.g., as related to cloning and surrogacy).

The conclusion was that current laws do indeed afford DNA certain rights, but as these are subject to legal interpretation, legal uncertainty and economic consequences arise. This is because there are no direct and specific DNA legislations dealing with intellectual property rights and property laws.

What happens is that intellectual property laws and property laws are ‘borrowed’ and are then applied to complex DNA issues. When the laws were drafted, the legislator was not aware of future technological progress. This presents the courts and lawyers with legal and moral/ethical dilemmas and constraints.

In order to address these issues, a tripartite international instrument at UN level was proposed, i.e., an intellectual property, property rights and an ethics, morality and public order instruments.

In this way, rights may be clearly demanded, awarded and enforced for DNA purposes. Therefore, while enhancing legal direction and certainty which will facilitate biotechnological developments, yet human and animal dignity are protected without enslaving any individual or crippling investment.

While balancing a full-credit schedule, being a mother of two and studying at the University of Malta, Ms Portelli said MGSS made it possible for her to attend Liverpool University, which recognised her abilities and perseverance by granting her a distinction/First Class Honours and Student Award for 2015.