Chapter 10. The Patenting of Genes for Agricultural Biotechnology
- John Bryant Professor2,
- Dr Linda Baggott la Velle3,
- Revd Dr John Searle4
Published Online: 18 APR 2002
DOI: 10.1002/0470846593.ch10
Copyright © 2002 John Wiley & Sons, Ltd
Book Title
Bioethics for Scientists
Additional Information
How to Cite
Hughes, S. (2002) The Patenting of Genes for Agricultural Biotechnology, in Bioethics for Scientists (eds J. Bryant, L. B. la Velle and J. Searle), John Wiley & Sons, Ltd, Chichester, UK. doi: 10.1002/0470846593.ch10
Editor Information
- 2
School of Biological Sciences, University of Exeter, Exeter, UK
- 3
Graduate School of Education, University of Bristol, Bristol, UK
- 4
Exeter & District Hospice, Exeter, UK
Publication History
- Published Online: 18 APR 2002
- Published Print: 31 MAR 2002
ISBN Information
Print ISBN: 9780471495321
Online ISBN: 9780470846599
- Summary
- Chapter
Keywords:
- consequentialist;
- deontological;
- freedom to operate;
- intellectual property;
- justice;
- monopoly;
- patent;
- plant variety;
- power;
- TRIPS
Summary
Institutional policy within the major patent jurisdictions supports the legitimacy of plant genes as subject matter, provided that they are part of a truly inventive disclosure. In ethical terms, given that patents do not assign ownership of genes, there does not appear to be a convincing argument that patents are abhorrent when compared with other forms of control of genetic material, e.g. ownership of breeding animals and plants. Indeed, the overturning of this aspect of the patenting system would lead to serious consequences for the flow of knowledge into the public domain and for innovation. Nevertheless, there are problems based around the ownership of patents by international corporate monopolies (with the attendant centralisation of power and decision-making) but this relates more to market trends and globalisation than anything ethically unsound in patenting per se. However, the balancing of intellectual property rights between new scientific knowledge and indigenous knowledge remains problematic.