作者: E. Richard Gold , Timothy A. Caulfield
DOI:
关键词: Legislation 、 Political science 、 Dignity 、 Commodification 、 Law 、 Intellectual property 、 Value (ethics) 、 Patent troll 、 Expropriation 、 Human rights
摘要: Patents on genetic research are a reality. It's time to reframe the debate. Newspapers and popular magazines alike seem fall over themselves labeling 21st century as biotech century. Media pundits point great benefits in health care agriculture that await us. But they also major concerns, such private ownership of life. In this, aided by commentators futurist Jeremy Rifkin, who argues debate life patents is one most important issues ever face human family. Life strike at core our beliefs about very nature whether it be conceived having intrinsic or mere utility value. [1] A casual observer could not blamed for thinking patenting material still an open question. would wrong. Patent offices United States, Europe, Japan, Canada routinely grant this material--and have done so quite few years. existence does mean over; has simply shifted focus. The reality patent law overtaken reframed material. Despite strong national international policy initiatives addressing DNA, economic drive biotechnology industry made these obsolete almost soon were taken. $64 Question old, big question continues debated any-one should allowed genes. largely irrelevant, considering widespread granting patents. commercialization genetics become closely linked intellectual property protection. Biotechnology pharmaceutical companies, venture capitalists, even universities view first step process. An executive with giant Merck Co., example, believes availability protection genomic inventions will promote advancement biomedical development new gene-based gene-derived therapeutics diagnostics. [2] While there support protection, many others, including researchers some ethicists, expressed concern Critics believe allowing amounts affront dignity further commodify experience. Groups Council Responsible Genetics, suggested "commercialization expropriation materials violation sanctity human, animal, plant life." [3] Many bodies likewise commodification For 1997, UNESCO, its Universal Declaration Human Genome Rights, declared "human genome natural state shall give rise financial gains." Similarly, Working Group European Commission Ethical, Social Legal Aspects Analysis 1991 "the any part such, patentable.[ldots]" French legislation explicitly provides body elements products, well knowledge total partial structure gene, may not, subject patent." [4] statements, continued evolve unabated. fact, companies can genes Canada, elsewhere around world. This because courts consider isolated genes--that is, extracted modified concentrated laboratory--meet requirements novelty, inventiveness, required treaties. …