genetic patents; biomedical research; patent law;
This paper will not directly address the ethical considerations of allowing patents on human genetic sequences, although this continues to be a controversial debate in itself. Rather, the aim is to consider the legality of such gene patents and the effects such patents have on biomedical research and health care delivery in definitive terms through an analysis of current developments and research relating to the subject. The operation of current intellectual property regimes regulating such patents will be examined, and amendments to these legal systems will be considered. An emphasis will be placed on identifying practical concerns rather than broad, general issues that do not directly address practical implications. In concluding our analysis, we propose a set of policy options which the patent system and public institutions may pursue to mitigate the excesses of an exuberant and liberal patent system.
Ikechi Mgbeoji and Byron Allen, "Patent First, Litigate Later! The Scramble for Speculative and Overly Broad Genetic Patents: Implications for Access to Health Care and Biomedical Research" (2003) 2:2 CJLT.