Patenting Lives (Intellectual Property, Theory, Culture) by Johanna Gibson
By Johanna Gibson
This assortment comprises contributions from numerous pursuits and views, within the context of present overseas advancements in lifestyles patents, and the worldwide schedule of harmonisation of foreign highbrow estate. The ebook is split into 5 sections reflecting the serious concerns bobbing up from patents and biotechnology - Context; Human Rights and moral Frameworks; drugs and Public healthiness; conventional wisdom; and, Agriculture. The overseas members from executive, civil society, academia and the personal area supply different views on lifestyles patents and the facilitation of social, cultural and fiscal improvement within the context of foreign ideas of alternate.
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Example text
The panel on ethics will focus on the debate between materialist and vitalist understandings of life. The former believes life to be explicable through its components, the latter does not, or at least warns that we have not been able to do so yet. Life is complex and this suggests we should respect its autonomy, uniqueness and sanctity rather than treat it as something that is under our control and is fungible and violable like any other commodity. The last panel of the triptych represents patent law.
29 ‘Micro-biological or other technical processes’ should be construed widely and include selective culturing or cross-breeding of micro-organisms including sub micro-organisms and should not be restricted to essentially chemical manufacturing processes in which micro-organisms are used. This so-called patenting of life has been strongly opposed by some developing countries30 and still features as an agenda item in the TRIPs Council. 31 It should also be noted that cells, even those derived from multicellular plants or animals, are the products of microbiological processes for the purposes of patentability and thus cell lines are patentable as such.
51 Patents Act 1977 (c. 37) (UK). 52 E. 9; Patents Act 1977 s. 1. 53 What constitutes a product of nature has, however, been construed quite narrowly. Finally, even if the matter claimed in a patent application is deemed to be an invention, the applicant must still meet certain application requirements under section 27 of the Canadian Patent Act in order to be granted a patent. 54 We will return to the importance of the written specification in section 4. The Canadian Patent Act used to contain a provision prohibiting patents on inventions that had ‘an illicit object in view’ (formerly s.