Who Owns You? E-Book

David Koepsell

• Herausgeber: John Wiley & Sons
• Kategorie: Geisteswissenschaft
• Serie: Blackwell Public Philosophy Series
• Sprache: Englisch

Seitenzahl: 463

Veröffentlichungsjahr: 2015

Beschreibung

The 2nd Edition of Who Owns You, David Koepsell’s widely acclaimed exploration of the philosophical and legal problems of patenting human genes, is updated to reflect the most recent changes to the cultural and legal climate relating to the practice of gene patenting.

• Lays bare the theoretical assumptions that underpin the injustice of patents on unmodified genes
• Makes a unique argument for a commons-by-necessity, explaining how parts of the universe are simply not susceptible to monopoly claims
• Represents the only work that attempts to first define the nature of the genetic objects involved before any ethical conclusions are reached
• Provides the most comprehensive accounting of the various lawsuits, legislative changes, and the public debate surrounding AMP v. Myriad, the most significant case regarding gene patents

Leseprobe

CONTENTS

Cover

Title page

Acknowledgments

Preface to the Second Edition

Foreword

Introduction

You and Your Genes

Your Patented Parts

The “I, Robot, Your Robot” Scenario

The Elephant Man Scenario

There’s Gold in Them Thar Genes! Bioprospecting and Social Justice

Discovery, Not Invention

Genetic Diversity and Cultural Commons

Are You Your Genes?

Genes, Information, and Privacy

Practical Considerations: Gene Patents and Innovation

The Road Ahead

1 Individual and Collective Rights in Genomic Data

The Current Conundrum

The Objects of Our Study

The Legal Framework So Far

Special Challenges of DNA

Property and Parts

Autonomy, Individuality, and Personhood

Economics and the Marketplace for Genes

Ethics and Method

An Outline for the Investigation

The Challenge Ahead

2 Ethics and Ontology

Approaches to the Problem

Groundedness as an Empirical Measure

A Case in Point

The Groundedness of Ownership of Moveables

So Where Does Ontology Get Us?

3 The Science of Genes

Central Dogma of Biology

Classical Genetics

Modern Genetics

How Genes Work

Controlling the Genome

Personalized Medicine

Information, Structure, and Function: Individuals and “Persons”

Information and Individuals

Personhood and “Me-ness”

4 DNA, Species, Individuals, and Persons

Individuals and Species

Commonalities among Species

Individuals within Species

Individual Histories and Individual Genomes

The Social and Legal Importance of Individuality

Human Individuals, Persons, and Rights

Implications for Justice

5 Legal Dimensions in Gene Ownership

The Role of the Law

Autonomy and Property

Early Cases on Microorganisms and Animals: The Slope Toward Human Patents

Patenting Animals

Renting Your Spleen?

The Move to Human Gene Patents

Patenting Diseases

Catalona and Beyond

What is so Strange about the Law of Bodies and Tissues?

The Law of Personal Identity

Reconciling the Law with Reality

6 BRCA1 and 2

The BRCA1&2 Gene Patents

Benson, Flook, and Diehr

New Rulings on Section 101

The Myriad Case in Brief

Why Myriad Matters

Is cDNA Properly Patent-Eligible?

7 Are Genes Intellectual Property?

The Historical Development of Intellectual Property

The Theory of Intellectual Property

Problem Areas in Intellectual Property Theory and Practice

Do Genes Fit any Current Notion of Intellectual Property?

What CAN Properly Be Patented?

Genes and the Law: Where Do They Fit?

8 DNA and The Commons

Current Schemes of Intellectual Property Protection

Existing Forms of Property Protection

Brute Facts and Genes

Unique Property Protection for DNA?

The Notion of the Commons

The Commons as a Choice

The Commons by Necessity

DNA as a Commons

Is DNA More like Ideas or Radio Spectra?

9 Pragmatic Considerations of Gene Ownership

The Evolution of the Institutions of Science

The Big Business of Biotech, and the Cornucopia of the HGP

The Marketplace of Genes

Open Source and Free Markets

Open Source in Biology

National Regulation of Gene Markets

DNA Wants to be Free

10 Nature, Genes, and the Scientific Commons

Introduction

Products of Nature and Inventiveness

Why Not Patent Everything, Including Discoveries?

Discovery Is Not Invention

Discovery, Invention, and Justice

11 So, Who Owns You? Some Conclusions About Genes, Property, and Personhood

Errors in the Law

Problems of Personhood

Other Potential Persons and Property Issues

Our Common Genetic Heritage: What Does It Mean?

Your Genome/Our Genome

Future Issues: Where Do We Go from Here?

Index

End User License Agreement

List of Illustrations

Chapter 03

Figure 3.1 DNA double helix and semiconservative replication. One new strand and one old one encompass the double helix of daughter cells.

Figure 3.2 Central Dogma of Biology. Genetic information is transferred from DNA to RNA to proteins.

Figure 3.3 mRNA codes for codons that in turn code for specific amino acids.

Figure 3.4 Mendel experiments showing the dominance or recessiveness of genes. After Mendel,

Experiments in Plant Hybridization

, 1865.

Figure 3.5 Chromosomes are in the cell nuclei and are the bodies that contain and pack DNA.

Figure 3.6 Genes are coded in DNA, which are transcribed into mRNA, which in turn are translated into proteins.

Figure 3.7 Dominant genes exert their effect over recessive genes.

Guide

Cover

Table of Contents

Begin Reading

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Blackwell Public PhilosophyEdited by Michael Boylan, Marymount University

In a world of 24-hour news cycles and increasingly specialized knowledge, the Blackwell Public Philosophy series takes seriously the idea that there is a need and demand for engaging and thoughtful discussion of topics of broad public importance. Philosophy itself is historically grounded in the public square, bringing people together to try to understand the various issues that shape their lives and give them meaning. This “love of wisdom”—the essence of philosophy—lies at the heart of the series. Written in an accessible, jargon-free manner by internationally renowned authors, each book is an invitation to the world beyond newsflashes and sound bites and into public wisdom.

Permission to Steal

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Revealing the Roots of Corporate Scandal

by Lisa H. Newton

Doubting Darwin? Creationist Designs on Evolution

by Sahotra Sarkar

The Extinction of Desire

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A Tale of Enlightenment

by Michael Boylan

Torture and the Ticking Bomb

by Bob Brecher

In Defense of Dolphins

:

The New Moral Frontier

by Thomas I. White

Terrorism and Counter-Terrorism

:

Ethics and Liberal Democracy

by Seumas Miller

Who Owns You? The Corporate Gold Rush to Patent Your Genes

by David Koepsell

Animalkind

:

What We Owe to Animals

by Jean Kazez

In the Name of God

:

The Evolutionary Origins of Religious Ethics and Violence

by John Teehan

The Secular Outlook: In Defense of Moral and Political Secularism

by Paul Cliteur

Freedom of Religion and the Secular State

by Russell Blackford

As Free and as Just as Possible

:

The Theory of Marxian Liberalism

by Jeffrey Reiman

Happy-People-Pills For All

by Mark Walker

Life, Liberty, and the Pursuit of Dao

by Sam Crane

The Justification of Religious Violence

by Steve Clarke

Who Owns You? Science, Innovation, and the Gene Patent Wars

by David Koepsell

Who Owns You?

Science, Innovation, and the Gene Patent Wars

SECOND EDITION

David Koepsell

This second edition first published 2015© 2015 John Wiley & Sons, Ltd

Edition history: John Wiley & Sons Ltd (1e, 2009)

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Library of Congress Cataloging-in-Publication Data

Koepsell, David R. (David Richard), author.Who owns you? : science, innovation, and the gene patent wars / David Koepsell. – Second edition.  p. ; cm. Previous edition has subtitle: the corporate gold-rush to patent your genes. Includes bibliographical references and index.

 ISBN 978-1-118-94850-7 (pbk.)I. Title. [DNLM: 1. Genetics, Medical–legislation & jurisprudence. 2. Patents as Topic–legislation & jurisprudence. 3. Ownership–ethics. QZ 32.4] K1519.B54 346.04′86–dc23    2014048341

A catalogue record for this book is available from the British Library.

Cover image: © esenkartal