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Who Owns Life?
 
 
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Who Owns Life? [Hardcover]

David Magnus (Editor), Arthur L. Caplan (Editor), Glenn McGee (Editor)
5.0 out of 5 stars  See all reviews (2 customer reviews)

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Book Description

April 2002
With the mapping of the human genome and the development of cloning and other genetic engineering techniques, scientists have embarked upon a whole new era of biomedical research and with it a maze of complex ethical and legal questions. This excellent collection of articles by scientists, ethicists, and legal experts analyses the convergence of biotechnology and intellectual property legislation, which has given rise to these new moral dilemmas. It will serve as a valuable reference work to give educated lay readers a starting point to make their own judgements about matters we will all face in the near future.

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Editorial Reviews

Review

"...a valuable reference work to give educated lay readers a starting point to make their own judgements..." -- Biology Digest Vol. 30, No.5, January 2004

"...must-have for anyone interested in the social,ethical,legal and political issues arising from the patenting of DNA and biological materials." -- Theoretical Medicine, 2004

"A valuable work. Recommended." -- Choice, April 2003

"resource for information on the current state of ethical issues in biotechnology; [a] demonstration of the urgency of public awareness" -- Quarterly Review of Biology, December 2003

"valuable reference to give educated lay readers a starting point to make their own judgments about future bioethical matters." -- Human Reproduction and Genetic Ethics, 2003

From the Inside Flap

Do we own our bodies? Do isolated gene sequences constitute "inventions" that warrant patent protection? What about cloned organisms, or new life-forms engineered from preexisting tissue? Do scientists have the right to claim individual patents on and make profits from the elements of life? How does the profit motive affect our attitudes toward the value of life? Will patent protection foster or hinder scientific cooperation and research into diseases? In short, who owns life? These are some of the questions that arise when scientists embark upon a whole new era of biomedical research and with it a maze of complex ethical and legal issues.

Tracing the roots of biotechnology from the Plant Protection Act of 1930 to current legal battles over frozen embryos, the patenting of Dolly the cloned sheep, and the transgenic Harvard OncoMouse, the contributors to WHO OWNS LIFE? tackle the captivating issues that have emerged. Beginning with A.M. Chakrabarty's personal experience of pursuing a patent on his oil-eating bacteria, which led to a pivotal U.S. Supreme Court decision, the discussion continues with an overview of intellectual property rights, and foundation of patent law, and the limits of what may be patented. The focus then shifts to a host of thought-provoking questions surrounding the issue of life-forms as "commodities." When an organ is removed and before it is transplanted, who owns it? Will we one day be judged by the market value of our organs and other composite parts? Could an individual be turned down for welfare benefits because he has in him a kidney worth $50,000? And finally, is it bioprospecting or biopiracy to patent the genetic resources and the agricultural knowledge of less developed nations to maximize corporate profits in developed nations?

This compelling collection of articles by scientists, ethicists, and legal experts analyzes the convergence of biotechnology and intellectual property legislation, which has given rise to these new moral dilemmas. It will serve as a valuable reference work to give educated lay readers a starting point to make their own judgments about matters we will all face in the near future.


Product Details

  • Hardcover: 300 pages
  • Publisher: Prometheus Books; 1 edition (April 2002)
  • Language: English
  • ISBN-10: 1573929867
  • ISBN-13: 978-1573929868
  • Product Dimensions: 9.3 x 6.2 x 0.8 inches
  • Shipping Weight: 1.2 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (2 customer reviews)
  • Amazon Best Sellers Rank: #1,816,156 in Books (See Top 100 in Books)

More About the Author

Glenn Edwards McGee is one of the best known bioethicists in the world. He is the John B. Francis Endowed Chair in Bioethics at the Center for Practical Bioethics, and the Editor in Chief of The American Journal of Bioethics (AJOB), the highest impact bioethics, health services, health economics or health law journal in the English language [ISI Impact Factor of 4.37], and heads the new AJOB family of Journals, including AJOB Primary Research and AJOB Neuroscience. He has served as a faculty member at the University of Pennsylvania (1995-2005), UMass, and other institutions and held tenured professorships in medicine and medical ethics and two endowed chairs. Glenn received his Ph.D. at Vanderbilt University and his B.A. at Baylor, where he was named Outstanding Young Alumnus in 2000, and one of the "top 150 graduates of all time" in 2008. Glenn was named one of the "10 most influential people in the New York Capital" in 2008, and was named to the top 40 under 40 in both Albany (2007) and Philadelphia (2004). Seed magazine described him in 2004 as "America's most imaginative young academic." Science noted in 2007 that Dr. McGee's work was one of the prime reasons for the entry of Upstate New York onto the radar screen of prestigious biomedicine.

Dr. McGee has been quoted about his research, which focuses on the family, genetics and reproduction, in most world newspapers. He has been a guest on most U.S. national television and radio news programs, such as Today, Fresh Air, Oprah, Nightline, and ABC World News Tonight, and has co-authored with a number of clinical and scientific luminaries such as Dr. Ruth, Stanley Greenspan, and Ian Wilmut, cloner of Dolly. He is a commentator for MSNBC News, for whom he authored a column from 2000-2003, and he has authored a monthly column from 2005-2007 for The Scientist, the most widely read magazine for scientists, as well as a syndicated column from 2005-2007 in a Hearst newspaper.

Dr. McGee's recent work has focused on ethical issues in autism, but he has authored more than 150 articles on a number of issues in bioethics for medical, legal, business and scientific journals, such as Science, Nature Medicine, and JAMA. His books include Who Owns Life?, Pragmatic Bioethics, The Human Cloning Debate, The Perfect Baby, and most recently Beyond Genetics, a New York Times bestseller about biotechnology and society. His work has ranged widely across many issues and has been widely cited. It has included a number of articles whose influence on the field of bioethics is acclaimed uniformly, including work in the areas of compensation of research subjects, models for parenting and enhancement, a pragmatic theory of bioethics, the patenting and sale of biological materials, ethical issues in tissue and gene banks, and ethical issues in stem cell research. He has received more than $6 million in grant funding from the Greenwall Foundation, the US Department of Education, National Institutes of Health, Haas Foundation and others.

Dr. McGee is very active in public policy. He has co-authored the text that became bills or stem cell legislation in four states, cloning legislation in seven, and has spoken for kings and presidents in eight nations on stem cell research including Dubai. Dr. McGee has delivered more than 80 named or endowed lectureships around the world, and hundreds of major lectures. He has testified before the House and Senate and multiple committees of a number of states in the U.S.. He has taught bioethics to incoming members of the U.S. Congress and teaches workshops on bioethics for the Association of Chief Justices of the US Courts of Appeals. He has served on the FDA Panel on Molecular and Genetic Devices, charged with evaluating all genetic tests and devices. He was the American external evaluator of all genetics and policy programs for the United Kingdom's Economic and Social Research Council in 2007. In 2006 Dr. McGee organized "Bioethics and Politics," the first national conference to bring together conservative and liberal thinkers in biomedical ethics, hailed as "the most important bioethics conference in 25 years" by the then ASBH President. He has been elected to the boards of directors of several foundations and organizations including Planned Parenthood and Chair of the ethics committee of the nation's largest stem cell company. He was hailed by the New York Times and by Harvard University Project Zero for his creating an undergraduate class in which students must submit fully articulate proposed legislation in bioethics to their home state government in order to receive an "A."

Dr. McGee is the acknowledge pioneer and leader in electronic outreach in bioethics. For example, in a joint effort led by Dr. McGee with Apple Computer and Google, he and his colleague Dr. Summer Johnson developed the most successful online graduate program in bioethics using technologies such as Apple's iTunes University and bioethics.net, the first bioethics website (which he founded in 1994). Glenn has three sons, Ethan, Austin and Aidan, and lives in Kansas City, Missouri.

 

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3 of 3 people found the following review helpful:
5.0 out of 5 stars A detailed and challenging look at a profound question, July 12, 2003
This review is from: Who Owns Life? (Hardcover)
When I first heard that genes could be patented and that our DNA could be used without our permission, and indeed without our knowledge, I was rather taken back. When I read that some people with rare and/or interesting diseases can have cells taken from their bodies and used in research, again without their permission or knowledge (e.g., the case of Moore vs. the Regents of the University of California, cited several times in this book), I was flabbergasted. The really startling irony is that cells taken from our bodies and replicated in labs can be used for commercial purposes over which we have no control and from which we derive no financial benefit

O brave new world, that has such ideas in 't!--to paraphrase Shakespeare and to recall Aldous Huxley.

This collection of essays by experts in the fields of microbiology, philosophy, biotechnological law and intellectual property, including an historian of science, a sociologist, and several people from the Center for Bioethics at the University of Pennsylvania, is edited by three men who are experts in bioethics, all holding distinguished positions in academia. Explored are the ramifications and controversies occasioned by new discoveries, new techniques and new uses in biotechnology and allied disciplines. This is not a book for habitual readers of People Magazine or for those who get their science from TV sound bites. This is a thorough and challenging discussion of one of the most demanding questions of our time: indeed who does own life?

A secondary issue, yet one of enormous importance, is the extent to which knowledge gained from biological research might be misused, and the extent to which striving for patents helps or hinders scientific progress. Science writer Robert Lee Hotz's essay (Chapter Nine: "Falling from Grace: Science and the Pursuit of Profit") is particularly helpful in addressing these questions.

Hotz begins with a brief recounting of the legal tussle between the University of California and Genentech Inc over royalties from the sale of Genentech's somatotropin, a biosynthesized version of the human growth hormone. He reveals that there is often a built-in conflict between the scientific need for openness and the for-profit need for secrecy that often puts scientists in a very uncomfortable spot. Commercial companies tend to demand that the scientists working for them sign non-disclosure forms while the scientists want to publish their findings in a full disclosure manner so that other scientists can review and benefit from the research. Hotz quotes Steven A. Rosenberg of the National Cancer Institute as observing that the involvement of commercial interests in medical research leads to "an emphasis on the ethical and operational values of business rather than science." (p. 177)

To answer the larger question of Who Owns Life? David Magnus in his Introduction argues that we may need to redefine what life is and what is "natural." (p. 12) We will have to grapple with the binary nature of our bodies, especially our genes which, as he express it, "have a strange dual existence as both physical material and information molecules." I am guessing that we are going to be able to keep the physical part of our genes but will have to allow the informational part to become the property of those who manage to patent it! An allied question is who owns our body after we are dead? "Can a dead person own anything?" asks Magnus. Furthermore, "can someone else own your body?" (p. 14)

Perhaps the key legal question revolves around the long held opinion of our courts that "only...the products of human ingenuity can be patented; naturally occurring items cannot." (Quoting David B. Resnik on page 135.) However in the landmark case from 1980, discussed by A.M. Chakrabarty in the first essay, "the US Supreme Court ruled that life-forms can be patented if they are the products of human ingenuity." In question was a "hybridized bacterium that metabolizes oil" developed by Chakrabarty. (p. 136) This case points to the crux of the matter: what is invention (patentable) and what is discovery (not patentable)?

It has long been held that in order to stimulate creative activity on the part of human beings it is necessary that they should benefit materially from their activities. Furthermore unless companies that develop products can protect their investment from competitors in the form of patents entitling them to exclusive economic use of those products, they will have no incentive to develop the products in the first place. Consequently artists and chemists, biotechnologists and song writers are able to copyright or patent their creations making them their intellectual property. Thus the Beatles and Big Pharma make a lot of money and we are all the better for their endeavors.

Or so the argument goes. What I wonder is, should the advent of biological engineering and the rise of the Internet cause us to question the assumptions of this argument? Can it be that a new way of looking at intellectual property is required? Will scientific and artistic progress suffer if artists and scientists can no longer copyright or patent the results of their work? The answer from most quarters is a resounding yes. Certainly the general assumption behind the essays in this book is in agreement with that answer. Therefore the question here is not whether life should be removed from the realm of the patentable but how we can reconcile human dignity and our sense of self with the needs of biotechnological progress.

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1 of 1 people found the following review helpful:
5.0 out of 5 stars Some eye-opening issues of generic research, February 8, 2003
This review is from: Who Owns Life? (Hardcover)
The cutting edge of ethics and biomedical research is revealed in Who Owns Life?, a study which considers how gene sequencing may constitute inventions of life subject to patents and profits. Important connections between the motive for profit and the creation and manipulation of life are revealed in chapters which consider some eye-opening issues of generic research.
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Inside This Book (learn more)
First Sentence:
Back in 1965 after completing my Ph.D. at the University of Calcutta in India, I joined the laboratory of Dr. I. C. Gunsalus at the University of Illinois at Urbana to study the nutritional versatility of a group of microorganisms called Pseudomonas. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
human bodily materials, disease gene patenting, knowledge biopiracy, disease gene patents, primate embryonic stem cells, commodification objection, patentable subject matter, biotechnology age, exclusionary rights, statutory subject matter, distinction between discovery, property bundle, patent genes, patent appeals, stem cell research, stem cell lines, gene hunters, life sciences companies, claimed invention, stein cells, patent claims
Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Supreme Court, New York, Fed Cir, Code Title, Plant Protection Act, Reuben Matalon, Regents of the University of California, Rebecca Eisenberg, Craig Venter, Contested Commodities, Funk Brothers Seed, John Moore, National Institutes of Health, Street Journal, Audrey Chapman, European Parliament, European Patent Office, Margaret Jane Radin, Rajinder Kaul, San Francisco, University of Wisconsin, Guangping Gao, Human Genome Project, Kimberlee Michals
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