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Patenting Genes: Understanding Legal and Policy Implicationl


By Anuranjan Sethi

Biotechnology, as an area of scientific interest, has grown by leaps and bounds in the last quarter century to become one of the most important, yet controversial branches of science and technological research. Through the tools and techniques of gene splicing, recombinant DNA, cloning and, most importantly, the discovery of the double helix structure of DNA, biotechnology has enabled contemporary society to better understand the physical constitution of living organisms and the processes that affect them. This new knowledge has driven, to new heights, the optimism of some who look to science for solutions to social problems. These ‘biotechnology optimists’ believe that this avenue of exploration has the potential to rid the human race of horrendous social and natural evils such as fatal diseases, like cancer and diabetes, and agricultural shortages. For these advocates of biotechnology, this new area of scientific research promises to make human life more fulfilling, secure, and happy. The paradigm of optimism that surrounds biotechnology is, in part, due to the perceived contributions and latent promises that many believe may be uncovered through this new avenue of scientific exploration. Despite this potential, however, there exists some anxiety regarding the manner in which the science is developing. Some of the difficult questions that are repeatedly raised when dealing with questions of genetics, biotechnology, and humans include; ‘How many human genes in an organism constitute a human being?’ ‘Does biotechnology empower humans to create life or merely tinker with its basic constituents?’, ‘What role do property rights play in the success story of biotechnology?’ and ‘What legal mechanisms must necessarily be employed to promote adequate investment of human and capital resources in biotechnology?’ Academics and policy makers from all over the world and hailing from a diverse range of disciplines such as the sciences, ethics, philosophy and law are taking part in the intense debates surrounding these questions regarding the purpose and possibilities of biotechnology. Nevertheless, the provision of any meaningful answer to these questions at this formative stage of the discipline and its technology is difficult for there still remains much to be discovered. Thus, due to the emerging nature of this discipline, it may be helpful to begin a discussion regarding the appropriate legal treatment of its inventions by setting some initial parameters and identifying some goals. Doing this will aid the reader in negotiating the different streams of debate surrounding biotechnology and will facilitate the selection of an opinion.

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