Patents and ethics: Is it possible to be balanced?

In this presentation, principles of ethics are confronted with the desire of the inventor to make a profit. To this end the presentation is focused on patent protection. Patents should guarantee the return of an inventor’s investment and profit and, on the other side, ensure availability — by patent disclosure — of the invention for the society when the patent terminates. Recent patent applications made by inventors are infringing this principle and societies are paying an unexpected price for these practices. Patent claims are too broad and disclosures too poor. Extreme examples will be discussed. An earlier version of this paper was presented at an international conference, “The Ethics of Intellectual Property Rights and Patents,” held in Warsaw, Poland on 23–24 April, 2004.     

The growing complexity of international policy in intellectual property

Intellectual property has historically been a self-contained policy at the international level. With the introduction of the TRIPs Agreement in 1994 and developments since the conclusion of the TRIPs Agreement, the relationship between intellectual property policy and other areas of public policy has become much more complex and interactive. This shift reflects the centrality of intellectual property in the knowledge economy, the rapid development of enabling technologies, notably the Internet and biotechnology, and the advent of the networked society. The consequences of this shift are manifold and herald the increased sophistication and complexity that may be expected of intellectual property regimes in the knowledge economy. An earlier version of this paper was presented at an international conference, “The Ethics of Intellectual Property Rights and Patents,” held in Warsaw, Poland on 23–24 April, 2004.     

Shackling the shoulders of giants

This paper informally summarizes a two-day symposium held at the U.S. National Academy of Sciences in Washington, D.C., September 5–6, 2002. The issue was to what extent the progress of science and societal capacity for continued technological innovation are threatened by excessive protection of intellectual property. Excessive protection creates disadvantages not only for scientists and inventors but also for educators/students and for librarians/clientele. Speakers from a variety of disciplines and institutions agreed unanimously that scientific and technological progress is, indeed, under serious threat. Various opinions were expressed about the degree of threat, currently and prospectively, as well as what counter-measures are best suited to resist undue restrictions on creative uses of scientific and technical data and information. This summary is based entirely on the author’s notes from the symposium, and the commentary offered is his alone. My apologies to the speakers if this paper does not accurately reflect the primary intent of their presentations. The “Suggested Readings” offered at the end are not specific to the speakers’ statements but rather are offered as a general resource to aid further research. The definitive record of the symposium is planned to be available from the National Academies Press as a Proceedings publication in the summer of 2003. John Gardenier is an independent researcher, ethicist and science writer.     

Property rights, genes, and common good

This paper applies aspects of Hugo Grotius's theologically informed theory of property to contemporary issues concerning access to the human DNA sequence and patenting practices. It argues that Christians who contribute to public debate in these areas might beneficially employ some of the concepts with which he worked--notably "common right," the "right of necessity," and "use right." In the seventeenth century, wars were fought over trading rights and access to the sea. In the twenty-first century, information and intellectual property are the issues of the day. Grotius's writings serve to correct the overemphasis in modern liberalism on individual rights, and have practical application to the debate concerning the reduction of the human genome to the status of private property.     

打开基因技术专利之门的案例——对Diamond v．Chakrabarty案的剖析

Diamondv.Chakrabarty案是美国专利法上里程碑式的案件,该案中美国最高法院所做出的判决打开了基因技术可被授予专利权的大门。通过介绍和分析该案件,对基因专利问题的发端进行了深入的剖析,并对基因专利问题带来的正负影响做了全面的分析。     

论中药品种保护中的法律责任

中药品种保护是不同于专利保护、商标保护的一种新的中药保护模式。它带有浓厚的行政保护色彩。为了更好的保护我国中药知识产权,规范中药的生产和销售行为,应当完善现有的中药品种保护制度,重构中药品种保护中的责任机制,与其他知识产权保护方式相互结合,形成中药知识产权保护体系。     

The authorship list in science: Junior physicists’ perceptions of who appears and why

A questionnaire probing the distribution of authorship credit was given to postdoctoral associates (“postdocs”) in order to determine their awareness of the professional society’s ethical statement on authorship, the extent of communication with their supervisors about authorship criteria, and the appropriateness of authorship assignments on submitted papers. Results indicate a low awareness of the professional society’s ethical statement and that little communication takes place between postdocs and supervisors about authorship criteria. A substantial amount of authorship credit given to supervisors and other workers is perceived by the postdocs to violate the professional society’s ethical statement.     

Opinion on directive 98/44/EC on the legal protection of biotechnical inventions,and its implementation in Sweden

The following statement is the formal opinion by the Swedish National Council on Medical Ethics concerning the implementation of Directive 98/44/EC of the European Parliament concerning legal protection of biotechnical inventions, and the implications and implementation of this Directive in Sweden.     

Property rights and genetic engineering: Developing nations at risk

Eighty percent of (commercial) genetically engineered seeds (GES) are designed only to resist herbicides. Letting farmers use more chemicals, they cut labor costs. But developing nations say GES cause food shortages, unemployment, resistant weeds, and extinction of native cultivars when “volunteers” drift nearby. While GES patents are reasonable, this paper argues many patent policies are not. The paper surveys GE technology, outlines John Locke’s classic account of property rights, and argues that current patent policies must be revised to take account of Lockean ethical constraints. After answering a key objection, it provides concrete suggestions for implementing its ethical conclusions.     

试论中国对生物技术的专利保护

人体基因是否属于科学发现、关于运动和植物品种的概念、关于基因治疗方法的专利保护、关于伦理道德标准、关于微生物菌种的保藏和发放、关于实用性和专利的授权范围以及关于遗传资源的保护等生物技术领导专利保护所面临的挑战,分析了国内外现有的观点和作法,并提出了笔者的粗浅看法,另外,还对如何解决基因资源的保护问题、生物技术领域是否需要专利保护和怎样防止生物技术的滥用等问题,介绍了自己的体会和建议。