Dr Scarlett Swain

Biography

Scarlett completed her undergraduate studies through the University of London International LLB Programme at the New College of the Humanities, where she also earned a diploma in business, applied ethics, and critical reasoning. She went on to pursue a Master’s degree in Constitutional Law at the University of St Andrews, followed by a PhD in Intellectual Property Law. Her doctoral research focused on patents, tissue-engineered meat, biotechnology, and the application of utilitarian theory to emerging legal and ethical challenges in these fields.

Throughout her academic journey, Scarlett gained practical legal experience through mini- pupillages and internships across a range of jurisdictions, including Hong Kong, Cyprus, and the UK at London’s Middle Temple and Lincoln’s Inn.

Research

Scarlett’s research focuses on Intellectual Property (IP) law, with a particular emphasis on patents, biotechnology, cellular agriculture, and utilitarian theory. Her academic journey began with an LLB dissertation exploring Lockean property theory in the context of DNA sequencing patents, and has since developed into a broader investigation of the legal, ethical, and philosophical dimensions of biotechnology patenting.

Her current work critically examines the patentability of “products of nature,” especially within the emerging field of cellular agriculture. In particular, she explores the complex legal and ethical issues surrounding the patenting of tissue engineered meat and other biotechnological innovations.

A central question in her research is whether the scope of biotechnology patents is likely to expand in response to rapid technological advances, and whether such expansion can be justified through a utilitarian ethical framework – especially when applied to food innovation and access. In addition to her primary focus on biotechnology and patent law, Scarlett has also published on various aspects of IP law, including trade marks and geographical indications.

The Bio-Science Law Review (Volume 18, Issue 4). 2022.

– Paper: ‘A Defence of COVID-19 Vaccine Patents’

The Journal of Brand Strategy (Volume 12) 2023.

– Paper: ‘Oat With the Old, In With the New: Oatly’s Creative Trade Marks, Branding and

Controversial Advertising Campaigns.’

European Intellectual Property Review (Volume 46, Issue 3) 2024.

– Paper: ‘Geographical Indications and Tissue Engineered Meat: An Appetite for IP Innovation’

Durham Centre for Ethics and Law in the Life Sciences – CELLS. (April 2023)

– Article: ‘From Farm to Table, Not Lab to Label: Italy’s Ban on Lab-Grown Meat’

(https://www.durham.ac.uk/research/institutes-and-centres/ethics-law-life-sciences/about-us/blogs/

cells-blog/italys-ban-on-lab-grown-meat/)