This paper questions whether the application of the patent system to DNA sequences achieves its goals of stimulating innovation for the public good and rewarding people for useful new inventions. Even if DNA sequences are considered eligible for patenting, they must also be novel, inventive, and useful. The application of these criteria has not been stringently applied. In future, patents asserting rights over DNA sequences should become the exception rather than the norm.
DNA patenting has emerged as a hot topic in science policy and bioethics as private companies and government agencies spend billions of dollars on genetic research and development in a race to identify, sequence, and analyze DNA from human, animal, and plant species. David B. Resnik's Owning the Genome explores the ethical, social, philosophical, theological, and policy issues surrounding DNA patenting and develops a comprehensive approach to the topic. Resnik considers arguments for and against DNA patenting and concludes that only a patent on a whole human genome would be inherently immoral, while the morality of other DNA patents depends on their consequences for science, medicine, agriculture, industry, and society. He also stresses the importance of government regulations and policies in order to minimize the harmful effects of patenting while promoting the beneficial ones.
This book constitutes a fascinating and in-depth analysis of the significance of the requirement of industrial application within gene patenting and how this influences innovation in Europe and the US. The author addresses an area normally overlooked in biotechnology patenting due to the predominance of the ethical debate, and in doing so produces a unique approach to dealing with concerns in this field.
It is difficult to think of an example of an advancement in the biological sciences that has had an impact on society similar to that of the new genetics. Recent developments in biotechnology have occasioned much discussion among academics, professionals, and lay people alike. In particular, many questions and concerns have arisen over the acquisi tion, access, and control of genetic information. There are several reasons why the new genetics has commanded such widespread attention, and why it is now the subject of con siderable debate. Special reference is given in this volume to the implications of genetic information for five different subject areas: eugenics, the insurance industry, the commer cialisation of genetic testing, strategies for raising public awareness, and the value of theo retical ethical and sociological frameworks in the debate. This diverse collection of papers attempts to address and critically discuss issues surrounding the control of, and access to, genetic information from ethical, medical, legal, and theoretical points of view. The first and shortest section of the book attempts to address concerns over the eugenic potential of new biotechnologies. It also provides a historical context for the de bate, for controversy over the subject of eugenics predates the current debate over genetic information by a considerable length of time. Indeed, by the time the first patent was is sued for Chakrabarty's strain of oil eating bacteria in the early 1970s, the term eugenics had already acquired strong pejorative connotations.
The 2nd Edition of Who Owns You, David Koepsell’s widely acclaimed exploration of the philosophical and legal problems of patenting human genes, is updated to reflect the most recent changes to the cultural and legal climate relating to the practice of gene patenting. Lays bare the theoretical assumptions that underpin the injustice of patents on unmodified genes Makes a unique argument for a commons-by-necessity, explaining how parts of the universe are simply not susceptible to monopoly claims Represents the only work that attempts to first define the nature of the genetic objects involved before any ethical conclusions are reached Provides the most comprehensive accounting of the various lawsuits, legislative changes, and the public debate surrounding AMP v. Myriad, the most significant case regarding gene patents
Who Owns You? is a comprehensive exploration of the numerous philosophical and legal problems of gene patenting. Provides the first comprehensive book-length treatment of this subject Develops arguments regarding moral realism, and provides a method of judgment that attempts to be ideologically neutral Calls for public attention and policy changes to end the practice of gene patenting
Human genetic engineering may soon be possible. The gathering debate about this prospect already threatens to become mired in irresolvable disagreement. After surveying the scientific and technological developments that have brought us to this pass, The Ethics of Genetic Engineering focuses on the ethical and policy debate, noting the deep divide that separates proponents and opponents. The book locates the source of this divide in differing framing assumptions: reductionist pluralist on one side, holist communitarian on the other. The book argues that we must bridge this divide, drawing on the resources from both encampments, if we are to understand and cope with the distinctive problems posed by genetic engineering. These problems, termed "fractious problems," are novel, complex, ethically fraught, unavoidably of public concern, and unavoidably divisive. Berry examines three prominent ethical and political theories – utilitarianism, Kantianism, and virtue ethics – to consider their competency in bridging the divide and addressing these fractious problems. The book concludes that virtue ethics can best guide parental decision making and that a new policymaking approach sketched here, a "navigational approach," can best guide policymaking. These approaches enable us to gain a rich understanding of the problems posed and to craft resolutions adequate to their challenges.
It is difficult to think of an example of an advancement in the biological sciences that has had an impact on society similar to that of the new genetics. Recent developments in biotechnology have occasioned much discussion among academics, professionals, and lay people alike. In particular, many questions and concerns have arisen over the acquisi tion, access, and control of genetic information. There are several reasons why the new genetics has commanded such widespread attention, and why it is now the subject of con siderable debate. Special reference is given in this volume to the implications of genetic information for five different subject areas: eugenics, the insurance industry, the commer cialisation of genetic testing, strategies for raising public awareness, and the value of theo retical ethical and sociological frameworks in the debate. This diverse collection of papers attempts to address and critically discuss issues surrounding the control of, and access to, genetic information from ethical, medical, legal, and theoretical points of view. The first and shortest section of the book attempts to address concerns over the eugenic potential of new biotechnologies. It also provides a historical context for the de bate, for controversy over the subject of eugenics predates the current debate over genetic information by a considerable length of time. Indeed, by the time the first patent was is sued for Chakrabarty's strain of oil eating bacteria in the early 1970s, the term eugenics had already acquired strong pejorative connotations.
