Life as Chemistry or Life as Biology? An Ethic of Patents on Genetically Modified Organisms

• Published in: Patenting Lives pp. 27 - 52
• Main Author: Garforth, Kathryn
• Format: Book Chapter
• Language: English
• Published: Taylor & Francis 2008
• Edition: 1
• Subjects: Biotechnology; Economic development; Ethics; Genetically modified organisms; Innovation; Intellectual property; Intellectual property rights; New technology; Research and development; Canadian Patent Law; Human Embryonic Stem Cells; modern biotechnology; Patentable Subject Matter; Biotechnological Inventions; Sui Generis System; Agro Forestry Areas; recombinant DNA; Life Patents; Life Forms; Patent Appeals; autonomy stems; chemistry; biology; Canola Plants; human invention; Patent Claims; Sui Generis Plant Variety Protection; Epo Gene; Higher Life Forms; Canadian Patent; genetic engineering; Canadian Patent Act; Secular Sacred; UK Patent Office; Protein Construction; European Biotechnology Industry; Patent Act; Living Organisms; Pioneer Hi-Bred; patent law
• ISBN: 9781138262331; 1138262331; 0754671046; 9780754671046
• DOI: 10.4324/9781315599663-5

The distinction between chemistry and biology was also raised by the majority in its consideration of whether it is defensible to draw a line between lower life forms and higher life forms and allow patents on the former but not the latter. This chapter explains the simplicity of DNA is also what allows genetic engineering to work. It discusses the Materialism and vitalism provide a useful starting point for understanding how life can be conceptualised as a human invention and thus subject to patent law, and whether the patenting of life is ethically acceptable. Autonomy reflects a vitalism of complexity because autonomy stems in part from complexity. The interaction of patent law and biotechnology illustrates a gradual expansion of the former to include a broader number of aspects of the latter. The science of modern biotechnology forms the subject of the central panel of the triptych. This chapter proposes the creation of the Genetic Sequence Right (GSR) as a sui generis system of intellectual property. The impact which this hepatitis C virus (HCV) genetic product claim had over medical and scientific research in the 1990's was explained by Prof. Baruch Blumberg16 in his testimony to the Federal Court of Australia. The chapter explains the European Commission (EC) Biotechnology Directive was passed in 1998 by the European Parliament. The Directive became law principally at the behest of the European biotechnology industry. The chapter discusses the patent system has at its core an exclusionary right. A granted patent that does not satisfy these parameters violates Trade Related Aspects of Intellectual Property (TRIPS) and, as a consequence, the patent law from which it derives its legal status also violates the World Trade Agreement. The substantive point is that even where patent owners license their patent rights on reasonable commercial terms.