The Ethics of Gene Patenting
Is it ethical to patent human genes and gene sequences? Like many questions about what is ethically permissible or impermissible, this query has layers of complexity. These include fundamental questions about what should and should not be patentable from an ethical perspective, as well as what is or is not patentable under existing patent laws. A second layer of legal questions asks whether existing patent laws are adequate to address the somewhat unique ethical concerns raised by patenting human genes. A related inquiry looks into differences in these laws in different countries. Even if current patent laws can be interpreted to allow gene patenting (Looney, 1994, pp. 231–272, Resnik, 1997, pp. 43–61) we can always pose an ethical challenge to an existing law. The United States and European countries have so far taken divergent approaches to gene patenting. The biotechnology industry in the U.S. is aggressively seeking patents for its “discoveries” or “inventions” whereas countries in the European Union have steadfastly resisted the patenting of human genes (Looney, 1994). The European Parliament has voted several times against gene patenting in the past few years.
KeywordsHuman Gene Human Dignity Distributive Justice Gene Patent Partial Gene Sequence
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- Albert, B. (1997), letter to Bruce A. Lehman, Commissioner of Patents and Trademarks (published June 19 on the World Wide Web).Google Scholar
- Feldbaum, C. (1996), ‘Gene Patents Deemed Essential to Next Generation of Cures,’ Gene Watch, Vol. 10.Google Scholar
- GAEIB. (1993), Opinions Submitted by The Group of Advisers on the Ethical Implications of Biotechnology to the European Commission, Brussels; No. 3 Opinion on Ethical Questions Arising from the Commission Proposal for a Council Directive on Legal Protection for Biotechnological Inventions, 30 September.Google Scholar
- GAEIB. (1996), ‘Opinion of the Group of Advisers on the Ethical Implications of Biotechnology of the European Commission,’ Brussels; No. 8 Ethical Aspects of Patenting Inventions Involving Elements of Human Origin, 25 September.Google Scholar
- Hoke, F. (1995), The Scientist, Vol. 9, April 17.Google Scholar
- King, J. (1996), ‘Gene Patents Retard the Protection of Human Health,’ GeneWatch, Vol. 10.Google Scholar
- Looney, B. (1994), ‘Should Genes Be Patented? The Gene Patenting Controversy: Legal, Ethical, and Policy Foundations of an International Agreement,’ Law and Policy in International Business, Vol. 26.Google Scholar
- Resnik, D. B. (1997), ‘The Morality of Human Gene Patents,’ Kennedy Institute of Ethics Journal, Vol. 7.Google Scholar
- Teitel. (1996), ‘The Commercialization of Life,’ GeneWatch, Vol. 10.Google Scholar