Is It Ethical To Patent Human Genes?

In Gosseries Axel, Marciano A. & Strowel A. (eds.), Intellectual Property and Theories of Justice. Basingstoke & N.Y.: Palgrave Mcmillan. pp. 246--64 (2008)
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Abstract

This paper examines the claims that moral objections to the patenting of human genes are misplaced and rest on confusions about what a patent is, or what is patented by a human gene patent. It shows that theese objections rest on too simple a conception of property rights, and the connections betwteen familiar moral objections to private property and moral objections to the patenting of human genes. Above all, the paper claims, objections to HGPs often reflect worries about the lack of democratic oversight, accountability and participation involved in grants of intellectual property. The paper claims that we should take these worries seriously, whether or not we think HGPs immoral.

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Annabelle Lever
SciencesPo, Paris

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