Research On Ethical Review In Gene Patent

With the breakthrough of life science and technology and huge profitability of the bio-industry,the range of objects protected by Patent Law protects has been expanded enormously.From living organisms,purified natural substance,to gene,the basic theory of Patent Law has been constantly modified to keep up with developments in the bio-industry.In order to be protected by Patent Law under due legal procedure,a patent application should keep within the subject area covered by Patent Law and fit into the technical features and values the law protects.Since gene patenting concerns more special public interests than other common patents,this article is trying to make the impression that it is more important to impose moral principles on censoring gene patents from both theoretical and practical perspectives.This article has four major sections.The first section is a historical review of the modern biotechnology patent.By examining and analyzing representative cases,it approaches the development of modern gene patents and controversial topics.The article begins by discussing the milestone event of patenting living organism – Diamond V.Chakarabarty – the introduction of gene patenting,and its fundamental impact on biotechnology patents.Then it turns to introduce the famous Harvard Oncomouse case,followed by a systematic discussion of the history of human gene patents.After that,it brings up three ethical controversies in gene patenting: nature of gene patenting – invention vs.discovery;the right to gene resources – public vs.private ownerships;and consequence of gene patenting – technological improvements vs.human dignity.The first section sets the foundation of this entire research.The second section inquires into the necessity of ethical review in gene patenting through five subtopics.Such ethical review conforms with the morality of science,it is in accordance with the responsibility of scientists,it relates to national security,it connects to human dignity,and it follows the law.Going through these five categories,this section lays out legal,logical and practical rationales for gene patenting.The third part of the article is the application of gene patenting.It starts by setting up four principles: humanism,fairness,utilitarianism,and integrity.Following the four general principles,the article talks about details involved in gene patenting including,protecting sovereignty of genetic resources,right of informed consent,gene patenting benefit sharing,and exemption in public health and scientific research.The section ends with a description of legal procedure and consequential relief of ethical review.The last section brings up questions and suggestions in ethical review of gene patenting.It first recognizes the advantages of such review in this Country and acknowledges the lack of special legislation and practical approaches,then proposes suggestions in terms of the subject(organization),object,methods or procedures,efficacy,and dispute resolution of ethical review.