This essay explores the geography of postmodern science in nonacademic settings, focusing on two research breakthroughs by Monsanto scientists, in 1985–1986 and 1989–1991, that created plants resistant to the company’s herbicide, glyphosate. The essay follows this new knowledge as it was mobilized into refereed publications and patents, comparing and contrasting the two forms of scientific discourse that resulted. The patents are then traced further as they were challenged, interpreted, and transformed in patent offices and courtrooms across time and space, specifically (...) in the United States, Canada, and Europe. Whereas the crucial peer-reviewed knowledge claims remained fixed, the patent knowledge claims morphed and became fragmented, spatially and temporally. Analyzing lawsuits that Monsanto launched in Britain, Canada, and the United States, the essay shows how the company used spatial-epistemic fragmentation to modify the patents’ meanings in desired ways in particular locations, sometimes with significant social and epistemic consequences. The essay concludes by reflecting more broadly on the expansion of biotechnology patenting as a form of nondisinterested knowledge production and how this trend has shaped the path and characteristics of postmodern science in this realm. (shrink)

The systems of patent rights in force in Europe today, both at the level of national law and on the regional level, contain general clauses prohibiting the patenting of inventions whose publication and exploitation would be contrary to “ordre public” or morality. Recent years have brought frequent discussion about limiting the possibility of patent protection for biotechnological inventions for ethical reasons. This is undoubtedly a result of the dynamic development in this field in the last several years. (...) Human genome sequencing, the first successful cloning of mammals, and the progress in human stem cell research present humanity with many new questions of an ethical nature. Directive 98/44 of the European Parliament and of the Council of July 6, 1998, on the Legal Protection of Biotechnological Inventions created a new basis for patent protection in this field of technology. Based on the European experience to now, however, it must be said that patent law is not the right place to legislate the consequences of the morality of an invention. (shrink)

The precise meaning of “human dignity” is increasingly being questioned in ethics and law. Is human dignity an adequate guide to policymaking in today’s biotechnological era? This article is an attempt to answer this thorny issue. The emergence of the concept of human dignity as a key point of reference for the regulation of modern science and technology in the European Union is evaluated. The main contribution of this article is to prove that in EU Directives and Recommendations, human (...) dignity is not an elusive concept but rather a regulatory restraint in European public policies on biotechnology, particularly through the influence of the European Group on Ethics in Science and New Technologies. Two examples will be elaborated to prove this claim: first, the issue of intellectual property in biotechnological inventions, and secondly the funding of research proposals involving the use of human embryonic stem cells. These examples prove that the principle of human dignity is not an empty concept as some philosophers and bioethicists claim but rather a normative guideline that is shaping European policies on biotechnology. Content Type Journal Article Category Article Pages 155-184 DOI 10.1558/hrge.v17i2.155 Authors Emmanuel Agius, University of Malta, Room 204 Humanities A Building, Msida MSD 2080, Malta Journal Human Reproduction & Genetic Ethics Online ISSN 2043-0469 Print ISSN 1028-7825 Journal Volume Volume 17 Journal Issue Volume 17, Number 2 / 2011. (shrink)

Third World countries should exploit the genetic information stored in their flora and fauna to develop independent and highly competitive biotechnological and pharmaceutical industries. The necessary condition for this policy to succeed is the reshaping of their universities and hospitals—to turn them into high-caliber research institutions dedicated to the creation of original knowledge and biomedical invention. Part of the service of the Third World foreign debt should be co-invested with the lending banks in high technology enterprises. This should be (...) complemented with an active program of investments in First World biotech companies and university research departments which could contribute to the solving of problems connected with the First World. These strategic alliances would allow effective training of molecular biologists, improvement of South American universities, and education of biotechnologists, managers, and lawyers in the complexities of high-technology business. The establishment of real joint ventures between developed and underdeveloped countries might contribute to change the present strained relations between the North and the South, and science and technology could become real forces of social and economic development. (shrink)

Third World countries are not pursuing scientific and technological policies leading to the development of strong biotechnological industries. Their leaders have been misled into believing that modern biotechnological industries can be built in the absence of strong, intellectually aggressive, and original scientific schools. Hence, they do not strive to reform their universities, which have weak commitments to research, and do not see the importance of having research hospitals able to generate excellent and relevant clinical investigation. These strategic gaps (...) in scientific capability, the lack of governmental and corporate research funding, and the dependent nature of the chemical and pharmaceutical industries of the Third World make the development of competitive biotechnology a highly improbable event. If the present trend continues, underdeveloped countries will continue to be testing grounds for biological materials and agents, sources of valuable germplasm, and markets for high-value-added products and processes invented and manufactured in the First World. This article recommends that the international organizations collaborate in the urgent task of educating the Third World political leaders and administrators in the real problems connected with the generation of high technology. (shrink)

Whether “biomimetic” or “bioinspired,” the projects of bioengineering tend to refer their devices or inventions to the biological systems that provide models or originals for detachable functionalities. And yet, they do not satisfy the picturing relation of original and copy. They are mimetic or imitative in the sense of reenacting a function in a different setting with its own principles of composition or its own parameters that select for salience. The taking up of salient features for the purposes of (...) producing a performance of functionality results not in the copy of an original but in its parody. Parodies are not judged for their veracity but for their effectiveness. They have a heuristic value in the context of design and for knowing the world through making and building. In somewhat experimental fashion, this paper seeks to develop a vocabulary for the parodistic qualities of Synthetic Biology, genome editing, or other bioengineering practices. In order to do so, it introduces categories from aesthetics to qualify modeling relations, one of these categories being the notion of “parody” itself. (shrink)

Some fundamental biotechnologies hold unprecedented potential to eradicate many incurable diseases. However, in absence of regulations, the power of patent makes the future use of some important biotechnology in few institution’s hands. The excessive patents restrict researcher access to the fundamental technologies. It generates concerns and complaints of deteriorating the public health and social welfare. Furthermore, intellectual curiosities, funding, respect among colleagues etc., rather than patents, are the real motivations driving a major ground-breaking discoveries in biotechnology. These phenomena reveal that (...) some biotechnology patents are alienated from the purpose of patent system. Therefore, it is necessary to take some approaches to stop over-patenting these fundamental biotechnology inventions. This article proposes a model regulatory framework for controlling biotechnology patent alienating from the purpose of patent system. (shrink)

The article explores briefly some problems associated with Intellectual Property Rights (IPR) for biotechnological inventions. IPR are inadequate for the protection of new advanced technologies and particularly for biotechnology. The problem is not only legal but mainly economic, for IPR has emerged as the major competitive weapon in the world economy. In this context, the main role of IPR is as a mechanism for the appropriation of new inventions, and as an instrument to deter rivals and control (...) markets. The current debate, including the negotiations of the Uruguay Round, are not so much concerned with the search for legal mechanisms adapted to the characteristics of biotechnologies as they are for the building up of an efficient appropriability mechanism on the international level for biotechnological inventions and with mechanisms for the control of their diffusion. (shrink)

Intellectual property in biotechnology invention provides important incentives for research and development leading to advances in genetic tests and treatments. However, there have been numerous concerns raised regarding the negative effect patents on gene sequences and their practical applications may have on clinical research and the availability of new medical tests and procedures. One concern is that licensing policies attempting to capture for the benefit of the licensor valuable rights to downstream research results and products may increase the financial risks (...) and cliniinish potential payoffs of — and therefore motivation for — performing downstream research and development. In addition, very broad patent claims allowed by the U.S. Patent and Trademark Office, the sheer growth in patents claiming genetic sequences, and threats of overlapping patents create a veritable minefield for researchers in both academia and industry. The concern is that research may be stifled because of the high cost and hassle of negotiating access. (shrink)

Intellectual property in biotechnology invention provides important incentives for research and development leading to advances in genetic tests and treatments. However, there have been numerous concerns raised regarding the negative effect patents on gene sequences and their practical applications may have on clinical research and the availability of new medical tests and procedures. One concern is that licensing policies attempting to capture for the benefit of the licensor valuable rights to downstream research results and products may increase the financial risks (...) and cliniinish potential payoffs of — and therefore motivation for — performing downstream research and development. In addition, very broad patent claims allowed by the U.S. Patent and Trademark Office, the sheer growth in patents claiming genetic sequences, and threats of overlapping patents create a veritable minefield for researchers in both academia and industry. The concern is that research may be stifled because of the high cost and hassle of negotiating access. (shrink)

"Sometimes I call this reality Science, sometimes I call it Truth. But it is something we draw by pain and effort out of the heart of life, that we disentangle and make clear. Other men serve it, I know, in art, in literature, in social invention, and see it in a thousand different figures, under a hundred names... I do not know what it is, this something, except that it is supreme.".

Les hommes ont toujours agi sur eux-mêmes, et pris en charge leur propre évolution. Avec aujourd'hui deux traits absolument nouveaux. D'une part, les capacités d'action de l'espèce humaine sur elle-même sont incomparablement plus puissantes que par le passé, notamment dans le domaine des technologies de la vie. D'autre part, nous contrôlons si bien notre milieu et l'avons si parfaitement aménagé pour notre survie que nous avons mis en danger notre environnement. Le philosophe Peter Sloterdijk conduit une réflexion peu conventionnelle sur (...) ce double déséquilibre, déséquilibre de la domestication de l'homme par lui-même, déséquilibre de l'environnement par la mobilisation infinie des ressources. En prolongeant ses réflexions, il s'agit ici de réfléchir à cette situation. Faut-il poursuivre et même accélérer sur la voie de la mutation, en inventant le nouvel homme, c'est-à-dire le surhomme? Ou faut-il à nouveau penser la nature humaine dans sa finitude et, contre la mobilisation infinie, en appeler à la dé-mobilisation et à la voie du Tao, mais au risque de l'étouffement dans la mesure, la sagesse et l'ennui? (shrink)

Third World countries are not pursuing scientific and technological policies leading to the development of strong biotechnological industries. Their leaders have been misled into believing that modern biotechnological industries can be built in the absence of strong, intellectually aggressive, and original scientific schools. Hence, they do not strive to reform their universities, which have weak commitments to research, and do not see the importance of having research hospitals able to generate excellent and relevant clinical investigation. These strategic gaps (...) in scientific capability, the lack of governmental and corporate research funding, and the dependent nature of the chemical and pharmaceutical industries of the Third World make the development of competitive biotechnology a highly improbable event. If the present trend continues, underdeveloped countries will continue to be testing grounds for biological materials and agents, sources of valuable germplasm, and markets for high-value-added products and processes invented and manufactured in the First World. This article recommends that the international organizations collaborate in the urgent task of educating the Third World political leaders and administrators in the real problems connected with the generation of high technology. (shrink)

Third World countries are not pursuing scientific and technological policies leading to the development of strong biotechnological industries. Their leaders have been misled into believing that modern biotechnological industries can be built in the absence of strong, intellectually aggressive, and original scientific schools. Hence, they do not strive to reform their universities, which have weak commitments to research, and do not see the importance of having research hospitals able to generate excellent and relevant clinical investigation. These strategic gaps (...) in scientific capability, the lack of governmental and corporate research funding, and the dependent nature of the chemical and pharmaceutical industries of the Third World make the development of competitive biotechnology a highly improbable event. If the present trend continues, underdeveloped countries will continue to be testing grounds for biological materials and agents, sources of valuable germplasm, and markets for high-value-added products and processes invented and manufactured in the First World. This article recommends that the international organizations collaborate in the urgent task of educating the Third World political leaders and administrators in the real problems connected with the generation of high technology. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 35.2 (2002) 153-174 [Access article in PDF] LSDNA: Rhetoric, Consciousness Expansion, and the Emergence of Biotechnology Richard Doyle I had to struggle to speak intelligibly. —Albert Hofmann on his self-experiment with LSD-25 Finding a place to start is of utmost importance. Natural DNA is a tractless coil, like an unwound and tangled audio tape on the floor of the car in the dark. —Kary Mullis on (...) the invention of Polymerase Chain Reaction 1. Undoing life What happened is this: Once upon a time there was a narrative of vitality. Ok, not a narrative, but an apprehension, a fear, a vision. It didn't have a beginning, middle, or end. It was. Its contours were no more determinable than those of consciousness. Indeed, our consciousness, as humans, was our sole alleged difference from it. From something called "life." We were more than life, but were also, tragically, confined to it. You know the story all too well. Some of its major authors were Cuvier, Lamarck, Darwin, Bichat. Even Shelley.Just because this sudden transformation happened on paper doesn't mean it was easy to endure. Enormous numbers of humans went on tranquilizers just to deal with the effects. Others, elsewhere, knew nothing but rumors. Nonetheless, they became increasingly implicated in its effects, the effects of understanding and experiencing both "life" and "consciousness" as informatic events. Suddenly—and it is sudden, a real surprise—both our vitality and our thought were distributed, scattered across a network and nowhere in particular. Timothy Leary and Francis Crick were speaking the same language, the language of information where the organic and the machinic enfold each other helically and, sometimes, the capacity for replication goes through the ceiling. This new language of information would [End Page 153] introduce a novel response and abyss: the pleasures and hells of eternal replication. The distribution of both life and consciousness enabled a dream of immortality from which we have not yet awakened, as the mere specter of infinite clonal replicants provokes entropies of identity even as it preserves the self from onslaughts of decay. 1In at least one of its characteristics this shift toward an informatic understanding of life is perhaps not really so novel. The seductions of control are hardly, historians of science tell us, foreign to the practices and effects of technoscience. Evelyn Fox Keller makes this point concisely and precisely in her not-quite eponymous essay, "From Secrets of Life to Secrets of Death," itself a self-professed sequel to her 1986 "Making Gender Visible." Here the scientific "impulse" is underwritten by a perennial motif that underlies much of scientific creativity, namely, the urge to fathom the secrets of nature and the collateral hope that, in fathoming the secrets of nature, we will fathom (and hence gain control of) our own mortality (Secrets, 29).Surely Keller is correct that the nascent practices of molecular biology were cryptographic in character, an espionage project unknowingly launched by Erwin Schrodinger during the Second World War. Surely it is crucial to this moment that while Schrodinger's 1943 Dublin lectures were introducing audiences to the concept of the code-script, Alan Turing again brilliantly decrypted a modified U-boat code, giving the Allies code superiority for the remainder of the war. 2 But in this segment on that strange growth called "biotechnology," I want to focus on what Keller has called the "collateral" of hope in this cryptographic impulse, namely the collateral equation between inquiry and control, specifically the control of mortality.For is "fathoming" a secret identical to the exercise of control? The very cadence and rhetorical encryption of Keller's formulation here, a general parenthetical syllogistic conclusion within and alongside a hyphenated invocation of particularity, suggest that concepts and practices of secrecy are more unstable than Keller implies with her invocation of Feynman's "disease" of lock picking: "One of my diseases, one of my things in life, is that anything that is secret, I try to undo" (40).For Keller, Feynman's confession is emblematic of a desire to control life and death... (shrink)

Following the 1980 US Supreme Court decision to allow a patent on a living organism, debate has continued on the moral issues involved in biotechnology patents of many kinds and remains a contentious issue for those opposed to the use of biotechnology in industry and agriculture. Attitudes to patenting in the life sciences, including those of the research scientists themselves, are analysed. The relevance of morality to patent law is discussed here in an international context with particular reference to the (...) law of the European Patent Convention administered by the European Patent Office (EPO). The EPO has been the principal forum for opposition to such patents and the few cases under dispute in the EPO are reviewed, including patents for the onco-mouse, human relaxin gene, and the PGS herbicidally resistant plant (gmo). Morality provisions in the European Parliament and Council Directive 98/44/EC are also summarised. (shrink)

Over the last years several European patents were opposed for protecting technology violating the morality requirement under Article 53(a) EPC. Attempts have been made by the Appeal Boards of the European Patent Office (EPO), as well as by amendments introduced into the Implementing Regulations of the European Patent Convention (EPC), to address this sensitive patentability requirement more precisely. The most recent hot topic coming up in this context is the patentability of stem cells. It is to be expected that this (...) discussion will still go on in the field of biotechnological inventions for the next several years. (shrink)

Developments in biotechnology and genomics have moved the issue of patenting scientific and technological inventions toward the center of interest. In particular, the patentability of genes of plants, animals, or humans and of genetically modified (parts of) living organisms has been discussed, and questioned, from various normative perspectives. This paper aims to contribute to this debate. For this purpose, it first explains a number of relevant aspects of the theory and practice of patenting. The focus is on a special (...) and increasingly significant type of patents, namely product patents. The paper provides three general arguments against the concept and practice of product patenting. The first argument briefly considers the claim that patents are legitimate because they promote socially useful innovation. Against this claim, it is argued that product patents may hamper rather than promote such innovation. The second and main argument concludes that product patents are not adequately based on actual technological inventions, as they should be according to the usual criteria of patentability. The principal moral issue is that product patents tend to reward patentees for inventions they have not really made available. The final argument proposes a method for patenting the heat of the sun. Assuming that granting this patent will be generally considered absurd, the argument exposes a further, fundamental problem of the concept and practice of product patenting. (shrink)

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. (shrink)

Concerns have been voiced about the ethical implications of patenting practices in the field of biotechnology. Some of these have also been incorporated into regulation, such as the European Commission Directive 98/44 on the legal protection of biotechnological inventions. However, the incorporation of ethically based restrictions into patent legislation has not had the effect of satisfying all concerns. In this article, we will systematically compare the richness of ethical concerns surrounding biotech patenting, with the limited scope of ethical (...) concerns actually addressed in the patent system. As sources of our analyses we will use literature and document studies and a survey with important stakeholders and experts related to Norwegian patenting in the aquacultural biotechnology sector. We will structure the analyses with an ethical matrix, developed for this purpose. Showing the misalignment of the discussions within and outside the patent system, we suggest that an important reason for the ethical controversy still surrounding patenting is that ethical questions keep being framed in a narrow way within the system. Until a richer set of ethical considerations is addressed head-on within the patent system, the patent system will continue to evoke academic and interest group criticism, potentially contributing to a legitimacy crisis of the whole system. (shrink)

Over the last years several European patents were opposed for protecting technology violating the morality requirement under Article 53(a) EPC. Attempts have been made by the Appeal Boards of the European Patent Office (EPO), as well as by amendments introduced into the Implementing Regulations of the European Patent Convention (EPC), to address this sensitive patentability requirement more precisely. The most recent hot topic coming up in this context is the patentability of stem cells. It is to be expected that this (...) discussion will still go on in the field of biotechnological inventions for the next several years. (shrink)

In order to take ethical considerations of patenting biological material into account, the so-called “ordre public or morality clause” was implemented as Article 6 in the EC directive on the legal protection of biotechnological inventions, 98/44/EC. At first glance, this seems to provide a significant advantage to the European patent system with respect to ethics. The thesis of this paper argues that the ordre public or morality clause does not provide sufficient protection against ethically problematic uses of the (...) patent system within the area of life. On the contrary, there are worrisome obstacles to any effective and comprehensive critical analysis of the ethical aspects of bio-patenting, especially in the field of agriculture. These obstacles can be seen as indirect consequences of the implementation of ethical considerations in form of the ordre public and morality clause in the EC Directive. Therefore, Article 6 of the EC Directive on the legal protection of biotechnological inventions seems to ultimately weaken the position of ethics in the debate concerning bio-patenting because the ordre public and morality clause is usually interpreted in an exclusively bio-ethical way in the sense of an “intrinsic ethics,” which is primarily interested in questions regarding the moral status of particular entities. It is argued that an important cause of this phenomenon is that the decisive reasons against bio-patenting are concerns of social ethics, and not bio-ethics. (shrink)

This article compares and contrasts the patenting of animals, humans, and biotechnological inventions in the United States, at the European Patent Office, and within the European Union. It shows that morality is not a concern of U.S. legislative instruments or courts and patents have been granted liberally on living organisms, from microorganisms to mammals, in North America since the 1980s. By way of contrast, both European legislative instruments enshrine a morality bar that must be employed to deny patentability. (...) Their implementation, however, is unpredictable due to a lack of detailed guidance on what morality means. The remit of the morality bar extends principally to humans, but the interests of animals must now also be factored into the equation. The manner in which this is done is unclear and patents on plants, although controversial among the public in general, do not unduly trouble lawmakers now that a significant time has elapsed since this Rubicon was crossed. This article explains and critically assesses these systems while identifying some of the ethical problems that are likely to emerge in due course focusing on the ad hoc regard paid to animals and the lack of a structured approach to considering their rights or welfare. (shrink)

The European Parliament rejected in 1995 the European Commission proposal to harmonize legal protection of biotechnological inventions. Although it did not seem initially the most contentious of the many issues involved in the current legal and ethical debate around biomedicine and genetics, patenting is now focusing bioethics in Europe.

Biobanks represent an invaluable research tool and, as a result of their intrinsic and extrinsic nature, may be looked upon as archives or repositories largely made up of libraries, or collections of content where the content is the biological material derived from different individuals or species, representing valuable tangible assets. Biobanks analyses aspects of the commons and common intellectual property relating to the concepts of private property, not only concerning data but biological materials as well, and the advantages and disadvantages (...) of patents in scientific research. Several recent initiatives in biomedical research have attempted to make their data freely available to others, so as to foster innovation. Many of these initiatives have adopted the open source model, which has gained widespread recognition in the computer industry. This title is structured into eight chapters and begins with an introduction, which is followed by chapters that discuss how the term 'biobank' came about in scientific literature; legal matters relating to biobanks; and intellectual and physical property. Later chapters comprehensively analyse the intellectual property of biobanks within the sphere of copyright; biotechnological inventions and research patentability; open data sharing in biobanks; and biobanks as commons or vault. Considers biobanks as both repositories and as collections of tangible assets Argues that the data in biobanks represents a high value intangible asset Explores regulatory gaps exploited by the private sector. (shrink)

The view of patents as well-defined property rights is as simplistic as it is ubiquitous. This article argues that in newly arising or immature technologies, patents are subject to intrinsic and extrinsic uncertainty that make them very opaque representations of the underlying inventions. The opacity is a result of unsettled legal doctrine and scientific terminology, uncertain commercial and technological prognosis, and leads to considerable ambiguity in property parameters. Patents in immature technologies do not solve Arrow's information paradox of non-rivalrous (...) goods because they do not represent the sharp exclusive right that is central to his thesis. In such cases patents ought to be reclassified in terms of their perceived and actual function as credence goods. The difficulty in discovering the value of these patents necessitates credence verifiers, further increasing the transaction costs of encouraging innovation. The theoretical and empirical implications of credence explored in this article are based primarily on the Anglo-American legal protection of biotechnological inventions, but may be equally relevant to patents in general and patents in other newly arising technologies, in particular. (shrink)

This article deals with the biotechnology revolution in agriculture and analyzes it in terms of Bernard Stiegler’s theory of techno-evolution and his thesis that technologies have an intrinsically pharmacological nature, meaning that they can be both supportive and destructive for sociotechnical practices based on them. Technological innovations always first disrupt existing sociotechnical practices, but are subsequently always appropriated by the social system to be turned into a new technical system upon which new sociotechnical practices are based. As constituted and conditioned (...) by a technical system, human cultures are necessarily systems of care. Humans take care of themselves and the world through technologies. Agriculture is a very old system of care, stable for more than 10,000 years, but at the moment it is experiencing a profound rupture thanks to the invention of genetic engineering technologies, that promise to revolutionize it. However, their current deployment under capitalist conditions everywhere leads to processes of proletarianization, due to the fact that they enable the expropriation of farmers of the means of production, depriving them of the possibility of appropriating these new technologies and frustrating the invention of a new agricultural system of care. This has lead to a widespread rejection of the new technologies, which is a grave error though, as these technologies can become the basis of a new system of care. But only under the condition that they are wrought from corporate control and redeployed instead to initiate a process of deproletarianization. It is argued that current initiatives in open source and commons-based biotech are probably the most promising harbingers of such a process of deproletarianization. (shrink)

So-called climate-ready GM crops can be of great help in adapting to a changing climate. Climate change, caused in great part by anthropogenic greenhouse gases released in the atmosphere since the industrial revolution by the developed world, is felt much stronger in the developing world, causing unexpected droughts and floods that will cause large harvest loss, leading to more hunger and malnutrition, rising death tolls and disease vulnerability. The current intellectual property regime (IPR) strikes an unfair balance between profit oriented (...) seed industry giants and low-acreage farmers. The biotechnology industry, mainly headquartered in the developed world, has started to patent new seed varieties, taking biomaterials from developing countries, with the claim, that they will be more tolerant to flood, drought, heat, and cold. Special sales contracts prohibit saving seeds from the harvest for the next season, thus forcing the farmers to buy them every season anew, which goes against traditional farming. Using a widely accepted concept of global justice, that tackles the fact that around 10% of the world's population profits from 90% of the earth's resources, and by taking into account the feasibility of a fair IPR, we will discuss three issues. First, an ethically acceptable IPR should prevent unjust and unfair assignments of property rights (e.g. patents) that completely ignore small-scale farmers inventiveness and efforts to save agrobiodiversity. As a second task, this regime should encourage globally a just distribution of the objects of innovation that are covered by patents. Third, such a regime should encourage innovations at a rate that is effective to cope with climate change. (shrink)

Whereas Pasteur patented the biotechnological processes that he invented between 1857 and 1873 in the agro-food domain, he did not file any patents on the artificial vaccine preparation processes that he subsequently developed. This absence of patents can probably be explained by the 1844 patent law in France that established the non-patentable status of pharmaceutical preparations and remedies, including those for use in veterinary medicine. Despite the absence of patents, the commercial exploitation of the anthrax vaccine in the 1880s (...) and 1890s led to a technical and commercial monopoly by Pasteur’s laboratory as well as the founding of a commercial company to diffuse the vaccine abroad. Pasteur repeatedly refused to transfer his know-how and anthrax vaccine production methods to foreign laboratories, on the grounds that he wished to control the quality of the vaccines produced. Indeed, it was relatively difficult to transfer a method that was not yet perfectly stabilized in the early 1880s. Pasteur also wanted to maintain the monopoly of his commercial company and to increase the profits from vaccine sales so that the Institut Pasteur could be financially independent. The ‘Pasteur anthrax vaccine’ operating licences are described and analysed in detail in this article. (shrink)

As the sciences of biotechnology, synthetic biology, and nanotechnology develop, questions about liability for harms caused by self-replicating inventions will arise increasingly often. Although negligence, nuisance, and other torts may be relevant in such circumstances, trespass may be the more appropriate cause of action. First, the author explores doctrinal hurdles facing plaintiffs alleging biotrespass. To overcome concerns about the metaphysicality of molecular biotrespass, the author draws analogies to “cybertrespass.” To confront the problem of suing patent licensors for the actions (...) of their licensees, the author makes reference to principles of landlord-tenant law. Well-established laws concerning wandering animals shed light on the policies underlying biotrespass. In the second part, the author examines such policies in further detail and considers the purpose of transporting property metaphors into bio/nanospace. The article concludes that biotrespass can be a viable cause of action, if crafted carefully and understood properly. (shrink)

This study assesses Latin America and Caribbean countries’ capacity to innovate new pharmaceuticals, defined as developing new drugs and vaccines, repurposing existing drugs, and inventing around patents to produce new drug variations. Vaccine innovation includes reengineering existing vaccines, developing new manufacturing methods, and the clinical development of unapproved vaccine candidates initiated elsewhere.

L'epoque est troublee: les mutations anthropologiques sont si contraignantes qu'un nouveau concept juridique, la dignite humaine, a fait son apparition. Si le droit en fait un usage intensif, c'est dans la mesure ou face aux exces des Etats criminels comme aux avancees des biotechnologies, il a besoin de fixer les limites entre l'humain et ce qui ne le serait plus. Chacun pressent que la dignite n'est pas une notion objective. Son invention est nouee aux religions monotheistes et aux inflexions que (...) la philosophie d'abord, la psychanalyse ensuite, lui font subir. L'aspect psychanalytique de la dignite humaine sera ici privilegie. Comment la dignite serait-elle compatible avec la sauvagerie de la vie psychique? L'auteur met en tension les travaux de Freud, sur la religion et la culture, avec les ecrits d'Etty Hillesum qui, dans les trois annees precedant son extermination a Auschwitz, se livre a une reflexion, au bord de l'abime, sur la destructivite liee au destin de masse. Grace a la revolution psychique qu'elle effectue, il devient possible de resister en tant qu'individu singulier a l'emprise des masses sur l'esprit, de construire l'humain en chaque homme, rien n'etant acquis a cet egard par la seule appartenance a l'espece humaine. (shrink)

Faire l'éloge de la Vie, en partant de la Terre qui l'abrite, lui assurant un habitat aussi propice qu'instable. Contempler cette lumière qui nous en révèle la Beauté. Parcourir le monde des micro-organismes, déjà là à son origine, et toujours omniprésents ; indispensables, bien que quelquefois dangereux, ils ont presque tout inventé. S'émerveiller de ce monde végétal qui évoque l'éternelle jeunesse, que nous convoitons tant. Revenir sur cette épopée de la Vie sortant de l'eau mais la conservant en elle comme (...) trésor caché. S'interroger enfin sur ce labyrinthe de la Vie que nous explorons encore et toujours, mais dont le dessin nous reste un mystère, alors que s'ouvre peut-être une quatrième période d'avancée marquante de l'humanité, et que connaissances et croyances continuent de nous dire leurs vérités respectives. Depuis son enfance dans les paysages du Carladez, jusqu'à son expérience en recherche appliquée, immunologie et biotechnologies, l'auteur revient sur son parcours d'homme, de scientifique et d'industriel en nous conviant à découvrir et observer les diversités de la Vie, qui invente en continu les Futurs de son Passé. (shrink)

It was only a matter of time before the portmanteau term “genethics” would be coined and a whole field within bioethics delineated. The term can be dated back at least to 1984 and the work of James Nagle, who claims credit for inventing the word, which he takes “to incorporate the various ethical implications and dilemmas generated by genetic engineering with the technologies and applications that directly or indirectly affect the human species.” In Nagle’s phrase, “Genethic issues are instances where (...) medical genetics and biotechnology generate ethical problems that warrant societal deliberation.” The great promises and terrific threats of developments in scientific understanding of genetics, and the power to enhance, modify, or profit from the knowledge science breeds, naturally offer a huge range of issues to vex moral philosophers and social theorists. Issues as diverse as embryo selection and the quest for immortality continue to tax analysts, who offer reasons as varied as the matters that might be dubbed “genethical” for or against the morality of things that are actually possible, logically possible, and even just tenuously probable science fiction. (shrink)

Do academics who commercialize their inventions have a different professional character than those who do not? The author conducted a nationwide survey in Hungary including 1,562 academics of hard sciences from 14 universities. According to the cluster analysis based on their participation in research commercialization, university scholars can be divided into three distinct groups: ‘traditional faculty’, ‘market-oriented faculty’, and ‘academic entrepreneurs’. Traditional faculty members typically do not participate in RC, while, within the framework of the university, market-oriented academics are (...) engaged in RC the most frequently. Academic entrepreneurs, in addition to their university positions, work for spin-off firms that commercialize research findings. Multinomial logistic regressions revealed that university scientists in various engineering fields, and especially in chemical technology, as well as in biotechnology and pharmaceutics have a considerably greater potential to engage in RC, similar to scholars with industry work experience, high number of publications, and professorial rank. Discipline, work experience, scientific performance, and academic rank seem to outweigh the effect of the university and its location on RC behavior. These findings underscore the inherent diversity of the academic profession and question the necessity of implementing uniform RC policies such as the Bayh–Dole model across universities, disciplines, and segments of university scientists. (shrink)

Genomics has brought biology, medicine, agriculture, psychology, anthropology, and even philosophy to a new threshold. In this new context, the question about "what is human in humans" may end up being answered by geneticists, specialists of technoscience, and owners of biotech companies. The author defends, in this article, the idea that humanity is at risk in our age of genetic engineering, biotechnologies, and market-geared genetic research; he also argues that the values at the very core of our postgenomic era bring (...) to its peak the science-based ideology that has developed since the time of Galileo, Newton, Descartes, and Harvey; finally, it shows that the bioindustry has invented a new genomythology that goes against the scientific evidence produced by the research in human sciences in which life is interpreted as a language. (shrink)

ABSTRACTThis paper examines the concept of biopiracy, which initially emerged to challenge various aspects of the regime for intellectual property rights in living organisms, as well as related aspects pertaining to the ownership and apportioning of benefits from ‘genetic resources’ derived from the world’s biodiversity.This paper proposes that we take the allegation of biopiracy seriously due to the impact it has as an intervention which indexes a number of different, yet interrelated, problematizations of biodiversity, biotechnology and IPR. Using the neem (...) tree case as an example, it describes activists’ use of the term as one that involves a deliberate simplification of science and IPR. Additionally, it argues that in so doing, biopiracy is positioned as a touchstone that mobilizes actors and problems, and ultimately generates ‘solutions’ to the very challenges it creates.The paper will also encourage a view of biopiracy claims that does not always treat them simply as claims of theft, or as a misallocation of benefits, but rather as claims that are designed to raise broader questions about the IPR system itself. It concludes by advocating that, in order to properly understand how to address biopiracy, we must be prepared to move beyond the current narrow readings to develop a more complete picture of the term’s influence in challenging how, and by whom, the decisions about what is natural and what is invented come to be made. (shrink)

This paper examines the concept of biopiracy, which initially emerged to challenge various aspects of the regime for intellectual property rights (IPR) in living organisms, as well as related aspects pertaining to the ownership and apportioning of benefits from ‘genetic resources’ derived from the world’s biodiversity.This paper proposes that we take the allegation of biopiracy seriously due to the impact it has as an intervention which indexes a number of different, yet interrelated, problematizations of biodiversity, biotechnology and IPR. Using the (...) neem tree case as an example, it describes activists’ use of the term as one that involves a deliberate simplification of science and IPR. Additionally, it argues that in so doing, biopiracy is positioned as a touchstone that mobilizes actors and problems, and ultimately generates ‘solutions’ to the very challenges it creates.The paper will also encourage a view of biopiracy claims that does not always treat them simply as claims of theft, or as a misallocation of benefits, but rather as claims that are designed to raise broader questions about the IPR system itself. It concludes by advocating that, in order to properly understand how to address biopiracy, we must be prepared to move beyond the current narrow readings to develop a more complete picture of the term’s influence in challenging how, and by whom, the decisions about what is natural and what is invented come to be made. (shrink)

The purpose of the patent system is to provide incentives for the development of new and useful products and processes. Such products and processes are generally referred to as ‘inventions’. Whilst patents have historically been sought and granted for mechanical and chemical inventions only, the biotechnology revolution of the last 30 years has radically changed this by precipitating a mass of patent applications in respect of living and biological matter. Applications of this nature have forced a re-examination by (...) courts and policy makers of traditional understandings of what can be patented. In particular, they have forced consideration of the extent (if any) to which life and nature can be viewed as ‘inventions’ so as to be capable of supporting a patent. In considering this question the central guiding principle has been the distinction, on which all of patent law is said to rest, between man-made inventions on the one hand and discoveries of nature on the other. (shrink)

The significance of animals in research cannot be over-emphasized. The use of animals for research and training in research centres, hospitals and schools is progressively increasing. Advances in biotechnology to improve animal productivity require animal research. Drugs being developed and new interventions or therapies being invented for cure and palliation of all sorts of animal diseases and conditions need to be tested in animals for their safety and efficacy at some stages of their development. Drugs and interventions for human use (...) pass through a similar development process and must be tested pre-clinically in laboratory animals before clinical trials in humans can be conducted. Therefore, animals are important players in research processes which directly and indirectly benefit animals and humans. However, questions remain as to whether these uses of animals consider the best interests of animals themselves. Various research and training institutions in Tanzania have established some guidelines on animal use, including establishing animal ethics committees. However, most institutions have not established oversight committees. In institutions where there may be guidelines and policies, there are no responsible committees or units to directly oversee if and how these guidelines and policies are enforced; thus, implementation becomes difficult or impossible. This paper endeavours to raise some issues associated with the responsible use of animals in research and training in Tanzania and highlights suggestions for improvement of deficiencies that exist in order to bridge the gap between what ought to be practised and what is practised. (shrink)

Nowadays, special attention is given to the hazards associated with genetic engineering and new inventions in biotechnology, and in fear of severe consequences, researchers, institutions and governments are required to act responsibly. The term “responsibility” may be defined in numerous ways. The definition considered in this paper, is one we believe is in common use: “Generally speaking, a person has a special responsibility for a particular outcome if they knowingly brought it about and it would not exist if not (...) for what they did”. This concept of moral responsibility rests on what we term the three ‘I's’: individual, intentional and informed. Responsibility is individual in the sense that it must be directed towards someone. A second requirement of moral responsibility presupposes the ability to do otherwise, i.e. it presupposes each human being as an intentional actor, capable of acting according to his/her own free will. In order for someone to be responsible for their actions, the choice between alternatives must be informed. The article focus' on these three aspects of responsibility in order to reveal how difficult it is to apply and make sense of this definition with regard to new inventions in science. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 33.2 (2005) 42-70 [Access article in PDF] "O Happy Living Things" Frankenfoods and the Bounds of Wordsworthian Natural Piety Anne-Lise François With all the flowers Fancy e'er could feignWho breeding flowers will never breed the same. —John Keats, "Ode to Psyche" And I could wish my days to beBound each to each in natural piety. —William Wordsworth, "My heart leaps up" O happy living things! no tongue Their (...) beauty might declare:A spring of love gusht from my heart, And I bless'd them unaware!Sure my kind saint took pity on me, And I bless'd them unaware. —Samuel Taylor Coleridge, "The Rime of the Ancient Mariner" "O happy living things!"—vitamin-enriched grains; potatoes equipped to kill their predators; silk-producing goats; fast-growing salmon that hardly require feeding. Is it possible to predicate the breathless exclamation that escapes Coleridge's mariner, unaware not of water snakes but of the fantastic array of genetically modified creatures—animals and plants—currently under design or production by biotech industries? Already in May 2000 a New York Times article was announcing the imminent arrival of "fast-growing trout and catfish, oysters that can withstand viruses, and an 'Enviropig,' whose feces are less harmful to the environment because they contain less phosphorus." An article inset describes the emergent production of "pharm-animals":These domesticated beasts—cows, pigs, goats, sheep, and chickens—have been given the ability to produce pharmaceuticals and other valuable substances in their milk, eggs or semen. Endowed by scientists with foreign genes, often taken from humans, these animals, or bioreactors, as they are also known, earn their keep as living chemical factories. Two companies, the Genzyme Corporation of Cambridge, Mass., and PPL Therapeutics, a Scottish company, already have products from pharm animals being tested in clinical trials supervised by the Food and Drug Administration. Many other animals are [End Page 42] still in the development stage. For example, Nexia Biotechnologies in Canada is working on a goat that carries a gene from spiders allowing it to produce spider silk in its milk. When the spider silk, which consists of extremely strong, light proteins, is extracted from the goat's milk, the substance, potentially, can be used in applications like bulletproof vests. [Yoon] This last sentence is intriguing. The genetic revolution often bills itself as a second green revolution that will prevent starvation and alleviate disease, promising to feed the world's growing population in terms that tend to essentialize poverty and hunger as inevitable symptoms of a human condition, rather than understand them through the lens of specific colonial and postcolonial histories. But bulletproof vests? The indignant leftist response here would be to deride the collusion between biotechnology and the military-industrial complex—bulletproof vests leaving little doubt as to whose desires count as universal, timeless needs. Yet such a response is perhaps too quick to attribute reason to these genetic experiments in cross-species breeding, and too quick to accept the terms in which biotechnicians present themselves—as the instruments of reason, whether of global capitalism or universal human progress. Part of what this essay wishes to suggest is that to dream up such things and to think of wanting to do them—make a goat produce spider silk in its milk—involve particular fantasies, fantasies not simply about recreating the world in one's image, but about learning to desire the world again, to be excited by it or "surprised" by its existence, to borrow a phrase from Stanley Cavell. The journalist's parenthetical "potentially" indicates that no use has yet been determined, no burning need fuels such experiments, and hints at the boredom behind them—what William Wordsworth might have called the "state of almost savage torpor" in which desire itself has to be invented.As the New York Times writer's double metaphor of animal as laborer- and factory-in-one suggests—"these animals, or bioreactors, as they are also known, earn their keep as living chemical factories"—the binaries animal-human, machine-animal... (shrink)

Introduction. The increasing mediation of human life by medicine necessarily raises the question of philosophical understanding the phenomenon of culture medicalization, since today the vector of growing powerful influence of medicine on forming sociocultural processes has clearly emerged. Along with the positive phenomena of the medicalization of life, the volume of “excessive” phenomena of its medicalization is growing. The purpose of the article is to clarify the philo- sophical foundations of the progressive medicaliza- tion of modern culture. Methods. The methodological (...) basis of the study is presented by dialectical, epistemological, axiologi- cal, philosophical-anthropological, and socio-phil- osophical approaches. The study is based on E. Cassirer’s transcendental philosophy, the phenom- enological transcendentalism of E. Husserl; V.S. Stepin’s concept about the system of informational social codes; and P.D. Tishchenko’s concept on the transformation of bio-power in modern culture. Scientific novelty of the research. The author outlines fundamental foundations of modern cul- ture medicalization as a result of mutually similar processes of transforming bio-power and the progress of biomedical sciences. Results. Unfolding, culture compensated for the bodily weakness of a person with the power of his technical inventions, but today they have surpassed the intellectual capabilities of their creator - the individual has to permanently adapt to the grow- ing volume of mass technogenic innovations. The historically formed human need to master the world through its “humanization” is suppressed, and, as a result, the problem of a modern indi- vidual’s request for self-realization through the creative transformation of the social environment is actualized. In this regard, one of the philosophi- cal and anthropological foundations of modern culture can be recognized as a technogenically determined desire of a person to transform his own corporeality, aimed at expanding the capabili- ties of a natural person. Biomedical sciences, as a result of biotechnological progress, turned out to be exactly the social and scientific sphere, which, building up practical activities within the framework of healthcare, considers the person to be both the subject and the object of the biosocial transforma- tion demanded by cultural evolution. Conclusions. The process of medicalization of culture occurs on the basis of two reciprocal fundamental processes: first, the strengthening of the principles of bio-power as “care for all forms of life”; secondly, the progress and technologization of scientific medicine, which in practice provides a socio-cultural demand for a modern prosperous individual. (shrink)

Capitalism’s Expansion into the Realm of the Biosphere. The extension of the rule of industrial property over living organisms and their components – genes and cells, both human and non-human – since the end of the 1970s, has gone along with the emergence of new markets in science, biotechnology and in health. The article argues that the filing of patents to protect private claims on living matter is a development which promotes the establishment of a monopoly control over inventions (...) in the fields of medicine and agronomy, while at the same time fostering a restriction in exchanges within the scientific community. The article therefore argues the case for a declaration that genomes, human and non-human, be considered as a common good, in terms both of the research carried out for the improvement of plants and health and of the accessibility of the medical innovations resulting from such research. (shrink)

The significance of animals in research cannot be over‐emphasized. The use of animals for research and training in research centres, hospitals and schools is progressively increasing. Advances in biotechnology to improve animal productivity require animal research. Drugs being developed and new interventions or therapies being invented for cure and palliation of all sorts of animal diseases and conditions need to be tested in animals for their safety and efficacy at some stages of their development. Drugs and interventions for human use (...) pass through a similar development process and must be tested pre‐clinically in laboratory animals before clinical trials in humans can be conducted. Therefore, animals are important players in research processes which directly and indirectly benefit animals and humans. However, questions remain as to whether these uses of animals consider the best interests of animals themselves. Various research and training institutions in Tanzania have established some guidelines on animal use, including establishing animal ethics committees. However, most institutions have not established oversight committees. In institutions where there may be guidelines and policies, there are no responsible committees or units to directly oversee if and how these guidelines and policies are enforced; thus, implementation becomes difficult or impossible. This paper endeavours to raise some issues associated with the responsible use of animals in research and training in Tanzania and highlights suggestions for improvement of deficiencies that exist in order to bridge the gap between what ought to be practised and what is practised. (shrink)