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A Global Controversy: The Role of Morality in Biotechnology Patent Law

Margo A. Bagley, University of Virginia School of Law

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This chapter is published in INTELLECTUAL PROPERTY AND INFORMATION WEALTH: ISSUES AND PRACTICES IN THE DIGITAL AGE, (Peter Yu ed., Praeger Press, December 2006),

Abstract

Genetically modified transgenic mice. Human clones. Part-human, part-animal creatures. These are just a few of the morally controversial biotech inventions that have garnered public attention in recent years. The moral controversies surrounding these and other biotech inventions stem from several concerns including those arising from the mixing of human and animal species, the perceived denigration of human dignity, the destruction of human life, the exploitation of women for their eggs, and the concept of ownership of humans.

Morality-based controversies over the patenting of biotech inventions are not limited to the United States; groups in several countries have commissioned studies and drafted reports on the ethical and moral issues associated with patenting certain biotech inventions. The diversity of approaches used by countries and regions to address these issues derive from and are shaped by localized cultural norms and political structures. As large, patent-granting entities, the United States and Europe provide contrasting examples of approaches to the patenting of morally controversial biotech subject matter. This Chapter will focus on the approaches and results in these two regions to illuminate benefits and disadvantages that can inform current dialogue and future action in this area. This chapter is published in INTELLECTUAL PROPERTY AND INFORMATION WEALTH: ISSUES AND PRACTICES IN THE DIGITAL AGE, (Peter Yu ed., Praeger Press, December 2006), which seeks to introduce key intellectual property concepts and issues to a general audience.

Subject Area

Intellectual Property Law, Public Law and Legal Theory

Recommended Citation

Margo A. Bagley, "A Global Controversy: The Role of Morality in Biotechnology Patent Law" (February 2007). University of Virginia Legal Working Paper Series. University of Virginia Public Law and Legal Theory Working Paper Series. Working Paper 57.
http://law.bepress.com/uvalwps/uva_publiclaw/art57

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