Re: rights to genetic material . . . was: being a heretic...ferme ntation products

From: Loren Muldowney (loscott@envsci.rutgers.EDU)
Date: Thu Mar 16 2000 - 22:24:04 EST


> . . many of the persons concerned about gmo's feel that the genetic material
> was taken from the common heritage of humankind, and thus cannot
> appropriately be an object of private ownership

Yes. Furthermore, the whole rationale for the patent system seems
sorely stretched by this. The intent of having intellectual property is
that, in exchange for the time-limited monopoly, there must be complete
disclosure such that after the patent expires, anyone should be allowed
to make, use, or sell the invention. When there is no way for the
public to feasibly access this delayed benefit, it is far less obvious
that public benefit results. The patent system was not equipped to
handle either the volume or the changed focus when the biotech patent
applications started flying in.

As far as I know, nobody has ever invented a gene.

LM

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