Should Human Genes be Patentable?

Abstract

Patenting human genes is a phenomenon that has persuaded the government bodies, legal bodies, and scientists towards it. It is one of the key forms of protection of industrial property rights especially for research centers and pharmaceutical companies. Due to the nature of the pro- patentable subject product, the idea of patenting genes is still controversial and is disputed at various levels. The purpose of this research is to outline the framework for these phenomena, such as history and present conditions of patenting human gene in European and U.S. The study argues that human gene should be patented; in this regard different opinions of different institutional bodies, scientists, and courts are discussed. Arguments and critical discussion of both the supporters and opposition are presented. The purpose of this study is to outline the legal background of patenting genes and critical assessment of the arguments raised in favor of human gene patenting. The paper also discusses the views of religious leaders, institutions, bioethical committees, and scientists over the topic. The analysis of the previous researches and collected information revealed that patenting human gene will lead to limit the research as various genes has already been patented to different corporations and institutes. And human gene is the creation of God and not the invention of human, therefore, it is concluded that human gene should not be patented.

Should Human Genes be Patentable?

Introduction

In human chromosomes, there are close to 24,000 genes that are specific instructions for construction and operation of 100 trillion cells in our body. Up to mid-2005 the U.S. Patent Office granted patents to various corporations, universities, government agencies, and to nonprofit organizations for almost 20% of the human genome. According to the data published on 14 October 2005 in “Science” there are 236,884,382 genes for which the information is stored in a National Center for Biotechnology Information, is covered by at least one patent. Alone Incyte (American giant company in the pharmaceutical market) has the right to almost 10% of human genes. Although these data showed that the phenomenon is widespread (Looney, 1994).

It still raises a lot of emotions and is the subject of numerous court battles. This controversy is clearly visible both in the number of European and American court rulings, as well as opinions of scientists of different disciplines and laymen. Such a significant divergence of views on this issue is nothing surprising - the patenting and commercialization of human genetic material raises a whole range of legal, economic, social, and ethical issues (Eisenberg, 1990). First of all, this question requires an answer to the basic concerns, such as who owns one's body and its genetic material, or whether the genome is the common heritage of mankind, and secondly, calls into question of the very meaning of existence of patent protection inventions (e.g. due to slow development of scientific knowledge and Numerous possible abuse), and thirdly, points to considerable practical difficulties.

Research Question

Should human genes be patentable?

The Legal Framework of Patenting Genes

A patent is a form ...