Patent Litigation in the Biosciences: Reconsidering Ownership of Genetic Information after Brüstle and Myriad

Human genetic resources are increasingly considered as ordinary commercial goods, but their value and utility go beyond the simple and immediate private profit. In contrast to other biological resources, commercial use does not focus upon the material itself but rather upon the genetic information it contains. Information goods are then usually subject to intellectual property rights, but in the biological and life science domains, property rights can have a negative influence upon the proper allocation of several goods, including genetic material or goods that are related to it. This scenario reflects the facts of recent litigations in the United States and Europe. In particular, these lawsuits have revived the debate over private ownership and control over genes. Within this context, the objective of the chapter is to discuss how to recast the traditional right to access to and use of biochemical and human genetic material currently considered as part of the market framework.