Thursday, October 20. 2011Greenpeace brought suit against patenting the destruction of human embryos in EuropeTrackbacks
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Rebecca,
You say, "This Catholic agrees that patents on naturally occurring human genes, cells and parts are unethical because they reduce the human person to parts." What is the difference between patenting compounds that are naturally occurring in plants and patenting genes that are naturally occurring in humans? If you can patent the former why can you not patent the latter. Your argument rests only on where the source of the compound comes from. They are both chemical compounds. Discrimination based on the compounds source is not logical. I do not think that this in any way reduces the human person to parts. If you can isolate a gene from its natural source and you find a use for it, you should be able to patent it. Products derived from nature, no matter the source, should be patentable. What is unethical is patenting of higher life forms including animals, plants, seeds, mushrooms, fertilized eggs and totipotent stem cells. Lower life forms such as microscopic algae, unicellular fungi (including moulds and yeasts), bacteria, protozoa, viruses, transformed cell lines, hybridomas and embryonic, pluripotent and multipotent stem cells should be able to be patented. BTW, love reading your blog. Great issues discussed!
Thanks!
The reason it is unethical to patent naturally occurring human genes etc is that it affects our choices directly. It affects our care and our medical decisions. No one should have the exclusive right to test genes in our own bodies. Read: http://www.marymeetsdolly.com/blog/index.php?/archives/1048-Court-Rules-that-DNA-Patentable-if-Removed-from-Your-Body.html
Thanks for the reply. I am familiar with the Myriad case. Based on the law (emphasis "on the law" as it stands today)I have to agree with the US Federal Appeals Court which agreed with Myriad. However, I see the conundrum that the whole legal and medical sytem are in. It will take a new patent law to be passed with the exclusion of gene patenting to fix this mess. Otherwise the law will always side with patenting of genes since the courts see no difference between products isolated from plants or humans. Once isloated and identified they have a use. Check out Micheal Crichton's essay on Patenting Life. He brings up other real life examples that illustrate the challanges the medical community and everyday people face because of these gene patents.
http://www.michaelcrichton.net/essay-nytimes-patentinglife.html Fellow Catholic, scientist and IP specialist |
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