I have no illusions that we yet understand the foundational concepts and justifications of property well enough to go traipsing off into current legal disputes, but this article touches on an interesting and hot topic that is likely to shape the future to a significant extent.
http://www.nytimes.com/2010/03/30/business/30gene.html
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5 comments:
My immediate reaction is that I agree with the ruling, that genes or any other part of the human body cannot be patented. But, I think procedures incorporating the gene should receive a patent, as the actual protection might cover only the parts of the procedure/methods that are invented. Though the gene functions in the equation, isolated, I don’t think it should be considered for a patent.
If genes remain in their pure state, unaltered, and function within a system, I do not think a patent is warranted. But, there exists a possibility that genes, arranged in new combinations with other genes, perhaps forming new genes, or hybrid breed genes—that might warrant a patent. We have to know the extent of the “natural law’ clause. For instance, we can create and patent hybrid plants—but this is my initial reaction absent research.
i don't think patenting a genome has any conceptual significance, and therefore a goal not worth pursuing. if people want to patent genomes to make money, they are not people i want to associate with. there may however be a benefit from understanding the genetic lineage as to inform potential parents to help guide their decision, and i suppose it wouldn't be harmful to discover true genealogy.
The patenting of genomes is enormously significant, conceptually, economically, and socially. Consider the concerted attempt by Monsanto, et al., to seize a monopoly on food crops, genetically engineered to be completely infertile after one season, so farmers must buy the seed every year. When these infect the public-domain crops, Monsanto sues for patent infringement and wins. The legally enshrined idea that one could patent a gene or a species makes such horrors possible.
I see your point.
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