Thus far, the philosophical study of patenting has primarily focused on sociopolitical, legal, and ethical issues, such as the moral justifiability of patenting living organisms or the nature of (intellectual) property. In addition, however, the theory and practice of patenting entails many important problems that can be fruitfully studied from the perspective of the philosophy of science and technology. The principal aim of this article is to substantiate the latter claim. For this purpose, I first provide a concise review of (...) the main features of the theory and practice of the patenting of scientific and technological inventions. Second, I discuss several philosophical issues implied by these features and explore the possible contributions of the philosophy of science and technology to the clarification, or resolution, of these issues. The seven features discussed are: patents as commercial monopolies on scientific and technological inventions, the contrast between natural and non-natural subject matter, the distinction between inventions and discoveries, the reproducibility of inventions, the question of the sameness of two inventions, the distinction between the invented and the protected object, and the contrast between material objects versus concepts and theories. The article concludes with some observations on the problems and prospects of the philosophical study of the theory and practice of patenting scientific and technological inventions. (shrink)

The intellectual property regimes we have currently in place are heavily under attack. One of the points of criticism is the interaction between two elements of article 27 of the Universal Declaration of Human Rights, the widely discussed issue of being able to benefit from scientific progress and the less argued for position of having a right to take part in scientific enterprises. To shine light on the question if we should balance the two elements or prioritize one of them, (...) an exploration will be offered on how benefiting from scientific progress and the ability to participate in the advancement of science relate to securing human capabilities. A different perspective to the question will be gained by identifying the problem as an issue of misrecognition, especially the failure to recognize many willing collaboration partners in scientific research as peers. Lastly, I will argue that cooperative justice requires that if we have an innovation incentive system that disproportionally benefits one particular group, a certain duty to counterbalance this advantage exists when we are relying on mutual cooperation for the recognition of intellectual property rights. (shrink)

The first debate in this article has to do with the very possibility of intergenerational justice beyond our obligations towards members of other generations while they coexist with us. Here, we ask ourselves whether we owe anything to people who either have died already, or are not yet born. Differences in temporal location mean that people may not exist at the same time — be it only during part of their life — which raises special ethical challenges. It is one (...) thing to decide whether we owe anything to the next generation(s). It is another to define what we owe them. Most standard theories of justice have tried to answer this difficult question. This article focuses on a comparison between a reciprocity-based and an egalitarian account of justice between generations. It then turns, on the one hand, to a brief discussion of alternative theories and, on the other hand, to implementation issues. (shrink)

This Introduction tells the story of intergerational justice and how it has influenced philosophers and political thinkers throughout history. The Introduction goes on to discuss the aims of the book, which is to offer a sustained discussion of intergenerational justice as seen by practical philosophers. The first part of the book focuses on the way in which various schools of thought in moral and political philosophy approach the domain of intergenerational justice, while the second part focuses on more specific aspects, (...) such as how these theories address the question of motivation, how they deal with demographic fluctuations, or how they can be applied to real-world issues such as climate change. (shrink)

Is it fair to leave the next generation a public debt? Is it defensible to impose legal rules on them through constitutional constraints? From combating climate change to ensuring proper funding for future pensions, concerns about ethics between generations are everywhere. In this volume sixteen philosophers explore intergenerational justice. Part One examines the ways in which various theories of justice look at the matter. These include libertarian, Rawlsian, sufficientarian, contractarian, communitarian, Marxian and reciprocity-based approaches. In Part Two, the authors look (...) more specifically at issues relevant to each of these theories, such as motivation to act fairly towards future generations, the population dimension, the formation of preferences through education and how they impact on our intergenerational obligations, and whether it is fair to rely on constitutional devices. (shrink)

Rights dominate most modern understandings of what actions are proper and which institutions are just. Rights structure the forms of our governments, the contents of our laws, and the shape of morality as we perceive it. To accept a set of rights is to approve a distribution of freedom and authority, and so to endorse a certain view of what may, must, and must not be done.

This paper re-examines the relevance of three academic norms to contemporary academic life – communism, universalism and disinterestedness – based on the work of Robert Merton. The results of a web-based survey elicited responses to a series of value statements and were analysed using the weighted average method and through cross-tabulation. Results indicate strong support for communism as an academic norm defined in relation to sharing research results and teaching materials as opposed to protecting intellectual copyright and withholding access. There (...) is more limited support for universalism based on the belief that academic knowledge should transcend national, political, or religious boundaries. Disinterestedness, defined in terms of personal detachment from truth claims, is the least popular contemporary academic norm. Here, the impact of a performative culture is linked to the need for a large number of academics to align their research interests with funding opportunities. The paper concludes by considering the claims of an alternate set of contemporary academic norms including capitalism, particularism and interestedness. (shrink)

Any system for the protection of intellectual property rights (IPRs) has three main kinds of distributive effects. It will determine or influence: (a) the types of objects that will be developed and for which IPRs will be sought; (b) the differential access various people will have to these objects; and (c) the distribution of the IPRs themselves among various actors. What this means to the area of pharmaceutical research is that many urgently needed medicines will not be developed at all, (...) that the existing medicines will not be suitable for countries with a precarious health infrastructure or not target the disease variety that is prevalent in poorer regions. Such effects are commonly captured under the rubric of the “10/90 gap” in biomedical research. High prices will also restrict access to medicines as well endanger compliance to treatment schemes. IPRs are mainly held by multinational corporations situated in the developed world, which not only raises egalitarian concerns, but also severely limits the possibilities of companies in poorer countries to realize improvements on existing inventions, as they cannot financially afford to secure freedom to operate, which systematically shrinks the number of potential innovators. Those inequities lead to an enormous burden for the global poor and since no institution is willing to assume the responsibility to fulfil the right to health and the corresponding right of access to essential medicines, we have to analyse alternatives or additions to the actual intellectual property regimes in order to create new incentives to fill this gap. (shrink)

In an effort to restrict seed piracy in the global agricultural market, Monsanto intends to implement some form of genetic use restriction technology. Regarding such intentions, many activist groups adamantly contend that Monsanto will be acting immorally if GURTs, specifically Terminator Technology, are implemented in the global agricultural market. They argue that the potential implementation of TT is immoral because it threatens to infringe upon the rights of resource-poor farmers by denying them the ability to save the seed derived from (...) their harvests. While there may be ways that the implementation of TT can be construed as wrong, I narrowly argue that Monsanto will not be wrongfully infringing upon the basic rights of resource-poor farmers if it actually implements TT. Moreover, as long as Monsanto takes the appropriate measures to minimize the possible negative effects that TT may have on resource-poor farmers, and allows these farmers to make an autonomous choice to use seed that contains this technology, Monsanto's possible implementation of TT cannot be accurately considered to instantiate an immoral violation of basic rights. (shrink)

“Fair and equitable benefit-sharing” is one of the objectives of the UN Convention on Biological Diversity and the FAO International Treaty on Plant Genetic Resources for Food and Agriculture. In essence, benefit-sharing holds that countries, farmers, and indigenous communities that grant access to their plant genetic resources and/or traditional knowledge should share in the benefits that users derive from these resources. But what exactly is understood by “fair” and “equitable” in this context? Neither term is defined in the international treaties. (...) A complicating factor, furthermore, is that different motivations and perspectives exist with respect to the notion of benefit-sharing itself. This paper looks at six different approaches to benefit-sharing that can be extracted from the current debates on “Access and Benefit-Sharing.” These approaches form the basis of a philosophical reflection in which the different connotations of “fair and equitable” are considered, by analyzing the main principles of justice involved. Finally, the various principles are brought together in order to draw some conclusions as to how a fair and equitable benefit-sharing mechanism might best be realized. This results in several recommendations for policymakers. (shrink)

Three decades ago, planned obsolescence was a widely discussed ethical issue in marketing classrooms. Planned obsolescence is topical again today because an increasing emphasis on continuous product development promotes shorter durables replacement and disposal cycles with troublesome environmental consequences. This paper offers explanations of why product obsolescence is practiced and why it works. It then examines the ethical responsibilities of product developers and corporate strategists and their differing responses to this problem. Pro-environment product design and marketing practices and innovative government (...) policies may alleviate the problem over time. However, given the current lack of understanding about consumer replacement and disposal behavior, it is questionable as to whether these practices and policies will be sufficiently informed to be effective. Thus, marketing scholars have a significant opportunity to contribute to sustainable durables product development. (shrink)

The rationale for pesticide use in agriculture is that costs associated with pesticide pollution are to be justified by its benefits, but this is not so obvious. Valuing the benefits by simple economic analysis has increased pesticide use in agriculture and consequently produced pesticide-induced “public ills.” This paper attempts to explore the research gaps of the economic and social consequences of pesticide use in developing countries, particularly with an example of Nepal. We argue that although the negative sides of agricultural (...) development, for example- soil, water, and air pollution; pest resistance and resurgence; bioaccumulation, bio-magnification; and loss of biodiversity and ecosystem resilience caused by the use of pesticides in agriculture, are “developmental problems” and are “unintentional,” the magnitude may be increased by undervaluing the problems in the analysis of its economic returns. Despite continuous effort for holistic system analyses for studying complex phenomena like pesticides impacts, the development within the academic science has proceeded in the opposite direction that might have accelerated marginalization of the third world subsistence agricultural communities. We hypothesize that, if these adversities are realized and accounted for, the benefits from the current use of pesticides could be outweighed by the costs of pollution and ill human health. This paper also illustrates different pathways and mechanisms for marginalization. In view of potential and overall negative impacts of pesticide use, we recommend alternative ways of controlling pests such as community integrated pest management (IPM) along with education and training activities. Such measures are likely to reduce the health and environmental costs of pesticide pollution, and also enhance the capabilities of third world agricultural communities in terms of knowledge, decision making, innovation, and policy change. (shrink)

“Fair and equitable benefit-sharing” is one of the objectives of the UN Convention on Biological Diversity and the FAO International Treaty on Plant Genetic Resources for Food and Agriculture. In essence, benefit-sharing holds that countries, farmers, and indigenous communities that grant access to their plant genetic resources and/or traditional knowledge should share in the benefits that users derive from these resources. But what exactly is understood by “fair” and “equitable” in this context? Neither term is defined in the international treaties. (...) A complicating factor, furthermore, is that different motivations and perspectives exist with respect to the notion of benefit-sharing itself. This paper looks at six different approaches to benefit-sharing that can be extracted from the current debates on “Access and Benefit-Sharing.” These approaches form the basis of a philosophical reflection in which the different connotations of “fair and equitable” are considered, by analyzing the main principles of justice involved. Finally, the various principles are brought together in order to draw some conclusions as to how a fair and equitable benefit-sharing mechanism might best be realized. This results in several recommendations for policymakers. (shrink)

The issue of biopiracy has attracted considerable attention in recent years. The Convention on Biological Diversity adopted a principle of state sovereignty over biological resources and the genetic information contained within those resources to address this issue. It is argued that this principle has not been adequately justified and that there are other solutions to the issue of biopiracy, based on different theories of justice, that deserve greater consideration. These alternatives include the common heritage of mankind principle and the global (...) commons principle. (shrink)