Download The Ethics of Patenting Animal Genetic Inventions

Patenting Animal Genetic
Inventions
The Ethics of Patenting Animal Genetic Inventions
NCCR PhD Workshop 2007
Michelangelo Temmerman
Introduction
• What is a Patent?
• Patentability of Animal Biological Material:
– Article 27 TRIPs Agreement
– European Patent Office
– United States
– Canada
Animal Gene Sequences
• Isolation into laboratory form + function =
Patentable
• Patent on information or patent on a
biological substance?
• Scope of gene sequence patents: limited
to laboratory form or extending to the
organisms in which they are incorporated?
Ordre Public & Morality
• European concept: inexistent in the US and Canada:
Article 53 (a) EPC, Shall not be patentable: “inventions
the publication or exploitation of which would be
contrary to “ordre public” or morality, provided that the
exploitation shall not be deemed to be so contrary
merely because it is prohibited by law or regulation in
some or all of the Contracting States”. (emphasis added)
• EPO: Balancing test evaluating the ‘likely’ suffering of
animals v. ‘any’ medical benefit (Cf. Oncomouse)
• Ordre Public?
Questions
• Is the ordre public/morality concept
relevant anyway given the (limited) nature
of patents?
• Is the (commercial) exploitation of (certain)
transgenic animals immoral?
• Is the (commercial) exploitation of (certain)
transgenic animals contrary to the ordre
public?