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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.

The Genome Project

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Copyrights, and Trademarks

Published: 1993

Total Pages: 260


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'Overall, this collection of case studies provides an outstanding starting point for understanding the ethics of chemistry. It is an extremely important contribution to the study of chemical ethics … Ethics of Chemistry is a key resource for educators interested in integrating ethics instruction into their chemistry curricula … an important foundation for equipping students with the moral judgement and analytical skills necessary to contend with the ethical issues they are likely to face in their professional lives.'Nature Chemistry'… the book offers a general introduction to many relevant topics concerning the values, responsibilities, and judgements in (and of) chemistry. The volume could be helpful for university students and teachers or even general readers interested in the ethics of chemistry.' [Read Full Review]José Ramón Bertomeu-SánchezAmbixAlthough chemistry has been the target of numerous public moral debates for over a century, there is still no academic field of ethics of chemistry to develop an ethically balanced view of the discipline. And while ethics courses are increasingly demanded for science and engineering students in many countries, chemistry is still lagging behind because of a lack of appropriate teaching material. This volume fills both gaps by establishing the scope of ethics of chemistry and providing a cased-based approach to teaching, thereby also narrating a cultural history of chemistry.From poison gas in WWI to climate engineering of the future, this volume covers the most important historical cases of chemistry. It draws lesson from major disasters of the past, such as in Bhopal and Love Canal, or from thalidomide, Agent Orange, and DDT. It further introduces to ethical arguments pro and con by discussing issues about bisphenol-A, polyvinyl chloride, and rare earth elements; as well as of contested chemical projects such as human enhancement, the creation of artificial life, and patents on human DNA. Moreover, it illustrates chemical engagements in preventing hazards, from the prediction of ozone depletion, to Green Chemistry, and research in recycling, industrial substance substitution, and clean-up. Students also learn about codes of conduct and chemical regulations.An international team of experts narrate the historical cases and analyse their ethical dimensions. All cases are suitable for undergraduate teaching, either in classes of ethics, history of chemistry, or in chemistry classes proper.
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.
An Introduction to Ethical, Safety and Intellectual Property Rights Issues in Biotechnology provides a comprehensive look at the biggest technologies that have revolutionized biology since the early 20th century, also discussing their impact on society. The book focuses on issues related to bioethics, biosafety and intellectual property rights, and is written in an easy-to-understand manner for graduate students and early career researchers interested in the opportunities and challenges associated with advances in biotechnology. Important topics covered include the Human Genome Project, human cloning, rDNA technology, the 3Rs and animal welfare, bioterrorism, human rights and genetic discrimination, good laboratory practices, good manufacturing practices, the protection of biological material and much more. Full of relevant case studies, practical examples, weblinks and resources for further reading, this book offers an essential and holistic look at the ways in which biotechnology has affected our global society. Provides a comprehensive look at the ethical, legal and social implications of biotechnology Discusses the global efforts made to resolve issues Incorporates numerous case studies to more clearly convey concepts and chart the development of guidelines and legislation regulating issues in biotechnology Takes a straightforward approach to highlight and discuss both the benefits and risks associated with the latest biotechnologies
Raising hopes for disease treatment and prevention, but also the specter of discrimination and "designer genes," genetic testing is potentially one of the most socially explosive developments of our time. This book presents a current assessment of this rapidly evolving field, offering principles for actions and research and recommendations on key issues in genetic testing and screening. Advantages of early genetic knowledge are balanced with issues associated with such knowledge: availability of treatment, privacy and discrimination, personal decision-making, public health objectives, cost, and more. Among the important issues covered: Quality control in genetic testing. Appropriate roles for public agencies, private health practitioners, and laboratories. Value-neutral education and counseling for persons considering testing. Use of test results in insurance, employment, and other settings.
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
Fourteen philosophers, economists and legal scholars address the question 'Can intellectual property rights be fair?' What differentiates intellectual from real property? Should libertarians or Rawlsians defend IP rights? What's wrong with free-riding? How can incentives be taken into account by theories of justice?