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Vol 25 No 2 Feb/March 2020

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Patents on Life: Religious, Moral, and Social Justice Aspects of Biotechnology and Intellectual Property

Edited by: Thomas C. Berg, Roman Cholij, Simon Ravenscroft

ISBN13: 9781108428682
Published: October 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £85.00

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This volume brings a unique collection of legal, religious, ethical, and political perspectives to bear on debates concerning biotechnology patents, or 'patents on life'. The ever-increasing importance of biotechnologies has generated continual questions about how intellectual property law should treat such technologies, especially those raising ethical or social-justice concerns. Even after many years and court decisions, important contested issues remain concerning ownership of and rewards from biotechnology – from human genetic material to genetically engineered plants – and regarding the scope of moral or social-justice limitations on patents or licensing practices.

This book explores a range of related issues, including questions concerning morality and patentability, biotechnology and human dignity, and what constitute fair rewards from genetic resources. It features high-level international, interfaith, and cross-disciplinary contributions from experts in law, religion, and ethics, including academics and practitioners, placing religious and secular perspectives into dialogue to examine the full implications of patenting life.

Intellectual Property Law
1. Introduction Roman Cholij
Part I. Life Patents, Law, and Morality
2. Morality, Religion, and Patents Kathleen Liddell and Simon Ravenscroft
3. Religious and Moral Grounds for Patent-Eligible Subject Matter Exclusions Joshua D. Sarnoff
4. Life-form Patents: Proceedings in the European Patent Office and the Role of Non-commercial Parties Christopher Rennie-Smith
Part II. Religious Perspectives on Life Patents
5. Intellectual Property Rights and the Fundamental Right to the Commons in the Light of Catholic Social Teaching Monsignor Osvaldo Neves de Almeiad
6. Human Rights and Life Patents: Lessons fro the Church's Social Teaching and Engagement in the United States Stephen M. Colecchi
7. Intellectual Property and Genetic Sequences: A Jewish Law Perspective Michael J. Broyde and Steven S. Weiner
8. Intellectual Property, Islamic Values, and the Patenting of Genes Mohammed El Said
9. Christian Libertarianism and the Curious Lack of Religious Objections to the Patenting of Life Forms in the United States Paul J. Heald
10. From 'Chakrabarty' to 'Myriad' and Beyond: Catholic Contributions to the Gene Patenting Debate Paul J. Wodja
Part III. Social Justice and Political Aspects
11. “Thou shalt not steal”: The Morality of Compulsory Licensing of Pharmaceutical Patents Margo Bagley
12. Genetic Resources and Patents: In Search of Ethical Solutions to Global IP Discord Roman Cholij
13. Patent for Life: Towards an Ethical Use of Patents on Plant Innovations Michael A. Kock
14. Germline Modification of Human Embryos, Patents and the Limits of Markets: Rethinking Equality, Human Diversity, and the Question of Innovation Funding Katerina Sideri
15. Patent Governance, Ethics, and Democracy: How Transparency and Accountability Norms are Challenged by Patents on Stem Cells, Gametes, and Genome Editing (CRISPR) in Europe Ingrid Schneider
16. Life Patents, Religion, and Justice: A Summary of Themes Thomas C. Berg.