Genes as the common heritage of mankind : ethical issues in patenting life

Abstract

During this last few years, a host of moral issues have emerged from the recent explosive growth of biotechnology. One of such question is the patentability and commercialization of the genetically engineered "living products" of biotechnology. The idea of private ownership of life and dominion over living nature has aroused fear of abuse, especially with respect to possible eventual alteration of the human species. Should a form of life be a proper subject for a patent? Is it ethical to control and own life for personal or corporate gain? What long-range effects will the granting of exclusive rights over new life forms have on the future of species? What biological and evolutionary consequences will intellectual property rights have on the present and the far-distant future generations? These questions indicate that biotechnology has brought serious matters at stake. The main arena of the debate about the patentability of living organisms arose first in the United States (United States, Congress House, 1988). The granting of patent protection to genetically engineered living organisms in the United States has triggered a great debate in Europe. In view of the lack of a common policy in patent laws among European countries, the European Community set up a Commission to propose draft directives to approximate national laws governing intellectual property rights for biotechnological inventions. The draft proposal for a new European patent law for biotechnology was submitted by the Commission in October 1988. The moral debate prompted by the evolving patent law systems in various parts of the world has raised the fundamental question about the appropriateness of granting ownership rights over new life forms. The new sorts of "products" created by biotechnology challenge traditional classifications of patent right law. This article seeks to demonstrate that the current intellectual property system must be altered for the regulation of biotechnological inventions because of its potential threats to the future of existing species. Numerous articles have challenged the propriety of patenting genetically altered living organisms. But none of these articles has suggested how the current patent system could be modified and improved. This article reaches the conclusion that what we need is a World Patent Convention on Biotechnological Inventions inspired by the concept of the "common heritage of mankind." [Excerpt]