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Biotechnology and commodification within health care.

M J Hanson1

  • 1The Hastings Center, Garrison, NY 10524, USA.

The Journal of Medicine and Philosophy
|September 3, 1999
PubMed
Summary

Biotechnology patents on human biological materials raise concerns about commodification, impacting healthcare and personhood. While these patents have systemic effects, they currently do not outweigh the benefits of the patent system.

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Area of Science:

  • Biotechnology Law
  • Bioethics
  • Intellectual Property Law

Background:

  • The biotechnology industry's intellectual property (IP) claims introduce commodification into healthcare.
  • Concerns exist regarding the ethical implications of patenting biological materials.

Purpose of the Study:

  • To analyze the extent to which patent claims on human and nonhuman biological materials lead to commodification.
  • To evaluate the systemic effects of biotechnology commodification on healthcare and the pursuit of good health.
  • To assess whether ethical concerns justify limiting patent benefits.

Main Methods:

  • Conceptual analysis drawing on Margaret Jane Radin's framework.
  • Examination of patent claims on human biological materials.
  • Analysis of patents on nonhuman biological organisms.
  • Evaluation of systemic effects on healthcare and the goal of good health.

Main Results:

  • Patent claims on human biological materials lead to broad but incomplete commodification, intertwining with personhood and individuality.
  • Patents on nonhuman organisms foster a materialistic view but do not significantly alter human relationships with them.
  • Systemic effects of commodification in healthcare may compromise the goal of good health.

Conclusions:

  • While morally problematic aspects of patent claims necessitate inhibiting egregious commodification, they are currently insufficient to deny the benefits of the patent system.
  • The current balance suggests that the advantages promoted by the patent system outweigh the ethical concerns regarding commodification of biological materials.
Keywords:
Biomedical and Behavioral ResearchGenetics and Reproduction

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