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This book gives an overview of the most salient themes in present-day bioethics. The book focuses on perspectives typical for the European context. This highlights not only particular bioethical themes such as social justice, choices in health care, and health policy (e.g., in post-communist countries), it also emphasizes specific approaches in ethical theory, in relation to Continental philosophies such as phenomenology and hermeneutics.
Controversies over issues such as genetically engineered food, foot-and-mouth disease and the failure of risk models in the global financial crisis have raised concerns about the quality of expert scientific advice. The legitimacy of experts, and of the political decision-makers and policy-makers whom they advise, essentially depends on the quality of the advice. But what does quality mean in this context, and how can it be achieved? This volume argues that the quality of scientific advice can be ensured by an appropriate institutional design of advisory organisations. Using examples from a wide range of international case studies, including think tanks, governmental research institutes, agencies and academies, the authors provide a systematic guide to the major problems and pitfalls encountered in scientific advice and the means by which organisations around the world have solved these problems.
Biotechnology is at the heart of heated debates about ethics, safety, economic development, and about the control over the biological materials and technologies used. The latter, grossly called biodiversity issues relating to the application of intellectual property, has been the subject of a wealth of literature. Yet, the situation of animal genetic resources specifically has only marginally been addressed so far. Many books and articles address ‘biotechnology and agriculture’, but have only plants and seeds in mind. Case-law and specific regulation is equally scarce. Exacerbated by the so-called ‘erosion of animal genetic resources’, climate change, the globalization of the market-place, and a strong concentration of markets, animal genetic resources however demand specific analysis and adjustments in intellectual property law. The decoupling of rights over animal genetic resources as an abstract concept, from those over the concrete animals is a fact today. The application of patents in this context became a full-fledged part of the management of animal genetic resources. This monograph analyzes against this background the impact of the patent system on ownership traditions in agriculture, on animal welfare, and on biodiversity. It looks at how those factors in turn are likely to affect the shape of patent law, and how they should affect it. The author hereby focuses on important specific issues arising, including the following: the underlying elements deciding on the shape of regulation – innovation, economic development, agriculture, human rights, animal welfare, the conservation of resources, and equal trading conditions; the continuing applicability of trademarks, geographical indications, copyright, and trade secrets; patentability rules and exclusions; the extension of patent rights over progeny; the meaning of ‘essentially biotechnological processes’; the legal definitions of ‘morality’ and ‘ordre public’ in the context of animal welfare; and the future of international patent law in the context of global governance theories. With detailed investigation of how three major jurisdictions – the European Union, the United States, and Canada – have regulated the matter, the book highlights unresolved issues in the laws dealing with animal genetic resources. How do the usual principles of patent law affect ownership over animals in agriculture? To what extent is patent law in accordance with neighbouring fields of regulation, with relation to animal welfare? How can intellectual property be used to alter, stimulate, or tackle developments in the realm of the conservation and promotion of biodiversity? Questions like these are asked, checked upon the more technical country studies; and then used to put to test the adequacy of international patent regulation in a final chapter. As a deeply informed overview of the arguments and discussion points, this is the only book of its kind. It links general discussions to the often technical and complicated patent regulations, in the specific context of animal genetic resources. It is sure to bring lawyers in the field closer to the policy debates; and decision makers closer to the precise idiosyncrasies of patent law.
This thoughtful book explores how EU law treats serious disagreements about the development and use of a radically new technology like genetic modification. Relevant EU laws are examined to analyse the room available, or possible, for public participat
Biomedical patents have been the subject of heated debate. Regulatory agencies such as the European Patent Office make small decisions with big implications, which escape scrutiny and revision, when they decide who has access to expensive diagnostic tests, whether human embryonic stem cells can be traded in markets, and under what circumstances human health is more important than animal welfare. Moreover, the administration of the Trade Related Aspects of Intellectual Property Rights by the World Trade Organization has raised considerable disquiet as it has arguably created grave health inequities. Those doubting the merits of the one size fits all approach ask whether priority should be given to serving the present needs of populations in dire need of medication or to promoting global innovation. The book looks in detail into the legal issues and ethical debates to ask the following three main questions: First, what are the ideas, goals, and broader ethical visions that underpin questions of governance and the legal reasoning employed by administrative agencies? Second, how can we democratize the decision making process of technocratic institutions such as the European Patent Office? Finally, how can we make the global intellectual property system more equitable? In answering these questions the book seeks to contribute to our understanding of the role and function of regulatory agencies in the regulation of the bioeconomy, explains the process of interpretation of legal norms, and proposes ways to rethink the reform of the patent system through the lens of legitimacy.
Animal cloning has developed quickly since the birth of Dolly the sheep. Yet many of the first questions to be raised still need to be answered. What do Dolly and her fellow mouse, cow, pig, goat and monkey clones mean for science? And for society? Why do so many people respond so fearfully to cloning? What are the ethical issues raised by cloning animals, and in the future, humans? How are the makers of public policy coping with the stunning fact that an entire animal can be reconstructed from a single adult cell? And that humans might well be next? The Cloning Source Book addresses all of these questions in a way that is unique in the cloning literature, by grounding what is effectively an interdisciplinary conversation in solid science. In the first section of the book, the key scientists responsible for the early and crucial developments in cloning speak to us directly, and other scientists evaluate and comment on these developments. The second section explores the context of cloning and includes sociological, mythological, and historical perspectives on science, ethics, and policy. The authors also examine the media's treatment of the Dolly story and its aftermath, both in the United States and in Britain. The third section, on ethics, contains a broad range of papers written by some of the major commentators in the field. The fourth section addresses legal and policy issues. It features individual and collective contributions by those who have actually shaped public policy on reproductive cloning, therapeutic cloning, and similarly contentious bioethical issues in the United States, Britain, and the European Union. Animal cloning continues for agricultural and medicinal purposes, the latter in combination with transgenics. Human cloning for therapeutic purposes has recently been made legal in Britain. The goal is to produce an early embryo and then derive stem cells that are immunologically matched to the donor. Two human reproductive cloning projects have been announced, and there are almost certainly others about which we know nothing. Sooner or later a cloned human will be born. Many lessons can be learned from the cloning experience. Most importantly, there needs to be a public conversation about the permissible uses of new and morally murky technologies. Scientists, journalists, ethicists and policy makers all have roles to play, but cutting-edge science is everybody's business. The Cloning Sourcebook provides the tools required for us to participate in shaping our own futures.
Designer Animals is an in-depth study of the debates surrounding the development of animal biotechnology, which is quickly emerging out of the laboratory and into the commercial marketplace. This book innovatively combines expert analysis on the technology's economic, professional, ethical, and religious implications while remaining firmly grounded in the 'real world' political environment in which the issue is played out. Designer Animals uses non-technical language to explore the science behind animal biotechnology and the ethical frameworks at play in its surrounding debates. By investigating the interests of major stakeholders, including researchers on the cutting edge of science; mainstream and 'alternative' agriculture organizations; the animal welfare movement; and health care providers, patients, and researchers, the contributors illuminate the most important points of agreement and disagreement on this hotly contested topic.
Human reproductive cloning is an assisted reproductive technology that would be carried out with the goal of creating a newborn genetically identical to another human being. It is currently the subject of much debate around the world, involving a variety of ethical, religious, societal, scientific, and medical issues. Scientific and Medical Aspects of Human Reproductive Cloning considers the scientific and medical sides of this issue, plus ethical issues that pertain to human-subjects research. Based on experience with reproductive cloning in animals, the report concludes that human reproductive cloning would be dangerous for the woman, fetus, and newborn, and is likely to fail. The study panel did not address the issue of whether human reproductive cloning, even if it were found to be medically safe, would beâ€"or would not beâ€"acceptable to individuals or society.