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Patenting human genetic material: refocusing the debate.

T Caulfield¹, E R Gold, M K Cho

¹Health Law Institute, University of Alberta, Edmonton, Alberta, T6G 2H5, Canada. tcaulfld@law.ualberta.ca

Nature Reviews. Genetics

|March 17, 2001

Summary

Gene patents are crucial for the biotechnology industry. This paper examines concerns about human genetic material patentability and proposes legal solutions for ongoing debates.

Keywords:

Biomedical and Behavioral Research Genetics and Reproduction Legal Approach

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Area of Science:

Biotechnology
Intellectual Property Law
Bioethics

Background:

The biotechnology industry's growth over two decades is significantly linked to gene patenting.
Despite public concerns and international statements, the patentability of human genetic material remains a contentious issue with limited resolution.
Existing legal frameworks are being re-examined in light of ethical and societal objections.

Approach:

This analysis reviews public and international objections regarding the patenting of human genetic material.
It examines the responses and decisions made by patent authorities concerning these objections.
The study explores potential strategies within current legal structures to address these complex issues.

Key Points:

Gene patents have been instrumental in the development and establishment of the modern biotechnology sector.
Significant ethical and societal concerns persist regarding the patenting of human genetic material.
Patent authorities' responses have often been insufficient to quell public and international apprehension.

Conclusions:

Addressing concerns over human genetic material patentability requires a nuanced approach within existing legal frameworks.
Moving the debate forward necessitates a clear understanding of legal structures and their application to biotechnological innovations.
Further dialogue and potential legal adjustments are needed to balance innovation with ethical considerations.