From make believe to doomsday eve: or should we patent genes?

Patenting genes and its consequences and justifications in the context of law and ethics is a particularly controversial issue, with the potential to affect every aspect of our lives. If only a decade ago it seemed merely fiction that biotechnology would lead to inventions and progress beyond our imaginations, today, we have come to realize that this phenomenon--the art of make-believe--is close to becoming reality. In order to establish legal means to control these inevitable advances, and prevent a doomsday scenario from becoming fact, this paper is aimed at discussing, on the philosophical level, the contradicting moral and ethical concerns and justifications of the patenting of genes as well as accompanying environmental, constitutional and religious arguments. In order to better understand the arena of gene patenting, this paper commences with a brief introduction to the property debate of who owns human organs in general, and genes in particular. Its target is to confront us with the dilemmas arising in this field, as a starting point for finding legal solutions to override the gap presently existing, when science sets the rules and law is lagging behind.