After ten years of debate Directive 98/44/EG on the legal protection of biotechnological inventions was adopted in 1998. This directive takes decisions on some controversial bioethical and legal issues and offers the European biotech industries more space to develop their inventions, but leaves a number of philosophical and moral issues unresolved. This paper distinguishes between different layers in the debate and maps its modes of argumentation. Major philosophical, ethical and conceptual issues are located. It is argued that further analysis of these issues can help resolve further ethical and legal difficulties as regards patenting of human DNA. As the allegedly special status of genetic material remains unclear, the status of (human) DNA and its relation to the human body and personal identity should be further explored
Keywords bio-patents  biotechnology  DNA  genes  genetic information  ownership  patent law
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Reprint years 2004
DOI 10.1023/A:1011432614563
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Sources of the Self: The Making of Modern Identity.Charles Taylor - 1994 - Philosophy and Phenomenological Research 54 (1):187-190.
The Morality of Human Gene Patents.David B. Resnik - 1997 - Kennedy Institute of Ethics Journal 7 (1):43-61.

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