Ethics and the Patentability of Human Genes This paper will discuss the protection of intellectual property. It will tell how intellectual property is protected and why it is important to protect. It will also discuss ethical issues that arise in dealing with protecting intellectual property and whether or not protections can go" too far". Intellectual property as described by Cornell University law school is "any product of the human intellect that the law protects from unauthorized use by others" (2014). The copyright clause that is found in Article 1, Section 8 of the U.S. Constitution gives Congress the right to "promote the progress of science and useful arts". The promotion of science and useful arts is very important in today’s world. America has a history of inventors and entrepreneurs that have contributed to making America great and prosperous. It is important to protect intellectual property of Americans so that companies and individuals will continue to invent new things and ideas and in doing so continue to promote progress. There are several different means of protecting intellectual property. Some of them are patents, trademarks, trade secrets, and copyrights (Lau & Johnson, 2013). This paper will focus on the use of patents to protect intellectual properties. Patents encourage research and development of new ideas that will help advance the fields of science and useful arts. This is done by setting up a limited amount of time that the authors and inventors have the exclusive rights to their intentions or works (Lau & Johnson). This period of time allows for the authors and inventors to make money on their ideas. Pharmaceutical companies depend on patents for the drugs they create to allow them to re... ... middle of paper ... ... animals, cells, genes, etc., including patenting of human embryonic stem cells and human genes isolated and purified from the chromosome with demonstrated utility" (Chakrabarty). According to Chakrabarty there are thousands of isolated genes that have already been patented. So the question is what will happen to all those existing patents? If they are revoked, then it could have a huge negative impact on the future of research and development in this field. Works Cited CSU Global. (2014). Module 7: Criminal Law and the Business Environment. Retrieved from https://csuglobal.blackboard.com/bbcswebdav/pid-1272288-dt-content-rid 6776669_2/courses/KEY_MGT320/courseModules_winter2013c/MGT320_7/MGT320_7.html Alschuler, A W., (2009). Two Ways to Think About the Punishment of Corporations. Retrieved from http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1491263
Before Information Technology, tangible property such as land, buildings, goods, equipment etc. was the most valuable asset of a business. Now economic power is in the monetization of knowledge, ideas and innovation. Work or invention which results from creativity such as a new design or manuscript gives the creator the right to apply for a patent, copyright or trademark and to benefit from their authorship of scientific, literary or artistic creations.
Lehman, Bruce. 2003. “The Pharmaceutical Industry and the Patent System”. International Intellectual Property Institute. Pages 1-14.
Gene patenting is a very controversial topic that have many scientists and researchers facing issues with their work. The patenting of genes raise many flags in the science world. Some examples of these cons of gene patenting are as follows. With all of this new technology coming out every day the government has a hard time regulated the work of these companies. The most controversial topic in gene patenting is that you can’t patent something found in nature. The final dispute about gene patenting is that those who patent the genes first have a monopoly on this gene, halting others from working with it. Gene patents should not be help by companies due to, halts in research, lack of monitoration, and the fact that you can’t patent something
Over 40 years ago, two men by the names of James Watson and Francis Crick discovered deoxyribonucleic acid, or DNA. DNA is hereditary material in humans and almost all other organisms (What is DNA?). From this finding, gene therapy evolved. Today, researchers are able to isolate certain specific genes, repair them, and use them to help cure diseases such as cystic fibrosis and hemophilia. However, as great as this sounds, there are numerous ethical and scientific issues that will arise because of religion and safety.
Gene therapy is a technique which has developed in the wake of recombinant DNA (rDNA) technology. It is a process which results in the correction of a genetic disorder by the addition of a piece or fragment of DNA into the genetic material of a living, functioning cell. A mere thirty years ago this concept belonged to the realm of the human imagination made manifest in the works of science fiction. Today it belongs to the realm of the human imagination made manifest in the works of science, period. It is mind boggling to try to comprehend the far reaching effects of gene therapy. How is it affecting society? Who will benefit from its use? Should it be used at all? Should research continue? How do we answer all of these questions? The answers are not readily available, nor are they black and white, but an attempt at finding some solutions must be made. Before exploring this line of thought further, a basic understanding of the technical aspects of gene therapy is essential.
The Human Genome Project is the largest scientific endeavor undertaken since the Manhattan Project, and, as with the Manhattan Project, the completion of the Human Genome Project has brought to surface many moral and ethical issues concerning the use of the knowledge gained from the project. Although genetic tests for certain diseases have been available for 15 years (Ridley, 1999), the completion of the Human Genome Project will certainly lead to an exponential increase in the number of genetic tests available. Therefore, before genetic testing becomes a routine part of a visit to a doctor's office, the two main questions at the heart of the controversy surrounding genetic testing must be addressed: When should genetic testing be used? And who should have access to the results of genetic tests? As I intend to show, genetic tests should only be used for treatable diseases, and individuals should have the freedom to decide who has access to their test results.
[Cover: discussion about how risks are balanced during risk assessment, why this is a difficult task -> proposing a set of principles and practical measures that might assist both researchers and patients, to enable more informed decisions about risk]
The World Intellectual Property Organization, Intellectual property is the ‘products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce’. Intellectual Properties such as Patents, designs, trademarks and copyrights are protected by laws. The US government offers different types of protection for these properties. The Lanham Act (15 U.S.C.A. Section 1051 et seq., also known as the Trademark Act of 1946, provides protection for trademarks. A trademark is defined as a name, word, symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant to identify its goods and distinguish them from those manufactured and sold by others.
The Problem Genetic engineering has been around since the 1960’s, although major experiments have not been really noticed until the 1990’s. Science comes in different forms, the two major being cloning and genetic reconstruction. Cloning is the duplicating of one organism and making an exact copy. For example, in 1996 the creation of the clone sheep named Dolly, the first mammal to be cloned, which was a great achievement. The other form, genetic reconstruction, is used to replace genes within humans to help or enhance the life of an unborn child for a medical reason or just for the preference of a parent.
Due to the fact that the field of biotechnology is very serious and potentially dangerous, rules must be set down in order to keep the research in check. The high risk research of genetic therapy needs guidelines that have to be followed in order to keep the study just. The articles that are discussed in this essay focus on ethical issues and ideas that should be followed in the field in order to keep research safe and valid.
Intellectual property (IP) is defined as property that is developed through an intellectual and creative processes. Intellectual property falls under the category of property known as intangible rights, which includes patents (inventions of processes, machines, manufactures, and compositions of matter), copyrights (original artistic and literary works of), trademarks (commercial symbols), and trade secrets ((product formulas, patterns, designs). Intellectual property rights has a significant value to both individuals and businesses, providing in the case of large companies, over one half of their value on return. Since intellectual property rights are so important to the U.S. economy and its citizens, federal and state law provides protection, for example, civil damages and criminal penalties to be assessed against infringers. Due to the importance of intellectual property to a business, I don’t think that its protection and enforcement is going to be a thing of the past.
There are many reason that why is it important to protect one’s intellectual property. Some of the reason are Creator being accused as a theft, Loss of Reputation, Loss of income, Loss of Asset and Loss of Authority Rights.
Pharmaceutical patents are patents for inventions within the pharmaceutical industry. Patents give exclusive rights for an invention for a product or a process of making a product [1]. There are many aspects to patents in the pharmaceutical industry that are both pros and cons; it just depends on what industry you are in. Pharmaceutical companies take out patents so they can regulate the market and restrict competition from other companies. By obtaining patents pharmaceutical companies also attract investment. In addition to this pharmaceutical companies can also regulate the price of the drug as they will be the only company selling that drug. However these aspects of patents can adversely affect the generics industry. The generics industry cannot make or sell drugs that are patented but once a patent licence expires, both the generics industry and the WHO see increased benefits as drugs become more widely available around the world (i.e. developing countries) at a lower price. Here we will discuss the pros and cons of patents from the point of view of the pharmaceutical industry, generics industry and the WHO.
In the United States Constitution it states “The Congress shall have power ... to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries” (Garofalo 33).1
Intellectual property is information, original ideas and expressions of the persons mind that have profitable value and are protected under copyright, patent, service mark, trademark/trade secret regulation from replication, violation, and dilution. Intellectual property includes brand items, formulas, inventions, data, designs and the work of artists. It is one of the most tradable properties in the technology market.