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 inthe 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 paper 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. Looking beyond the protection of traditional public goods, the paper emphasizes the debate around the progressive commodification of human genetic resources facilitated by an improper use of intellectual property rights. Different scenarios are analyzed to evaluate alternative instruments and new regulatory approaches to avoid the private appropriation of human genetic resources and other natural compounds.
Genetic resources, biotech patents and gene ownership
LUCCHI, Nicola
2014
Abstract
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 inthe 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 paper 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. Looking beyond the protection of traditional public goods, the paper emphasizes the debate around the progressive commodification of human genetic resources facilitated by an improper use of intellectual property rights. Different scenarios are analyzed to evaluate alternative instruments and new regulatory approaches to avoid the private appropriation of human genetic resources and other natural compounds.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
