期刊名称：Hyle : International Journal for Philosophy of Chemistry
印刷版ISSN：1433-5158
出版年度：2020
卷号：26
期号：1
页码：55-78
出版社：HYLE Publications, Karlsruhe and University of Karlsruhe
摘要：Throughout the biotechnology age, fears about the distortionary effects of property and other legal institutions upon the health and selfdetermination of individuals and societies have accompanied more popularly sensational fears about unscrupulous choices within the scientific community itself. Still, for most of that time the prevailing legal regime both in the United States and in Europe remained generally permissive of ownership of, and exclusionary power over, the fruits of much biomedical research, though this leniency took different forms and came about in different ways. In particular, the policy of the United States Patent and Trademark Office to grant patents on genetic compositions such as DNA sequences produced an extensive landscape of legal rights that would eventually provoke a backlash in both legal and popular opinion during the Myriad Genetics lawsuit. This case study examines the normative dimension of patent rights over isolated DNA sequences through the lens of the Myriad case, discussing the institutional context in which the case arose and identifying ethical lessons that the case offers.
