| Publisher | Canadian Biotechnology Advisory Committee (CBAC) | ||
|---|---|---|---|
| Format | PDF, requires Acrobat Rdr 5 | Date added | 15 Feb 2000 |
| Topics | Biology, Biomedical, Genetic Engineering, Human Genome Project | ||
| Downloads | 119 | ||
The twenty-first century may well be the century of biologically based industry, just as the last decades of the twentieth century were driven, in a technological sense, by the integrated circuit. Canadians have a particular stake in the development of knowledge based industries like those arising from biological research, because of our historically high (and precarious) reliance on commodity exports.
Intellectual property (IP) protection is currently a focus of legal reform around the world, indicative of the crucial role of knowledge based industry in modern economies. Many industrialized countries are pinning their hopes of competitiveness in the new international political economy on an expansion of intellectual property rights. Contemporary business interests have set out to expand the purview of patents, in particular, into areas of recent technological innovation and application, such as biotechnology. These efforts have not gone uncontested. Social activists and academics have been strongly critical of many aspects of
the expansion of IP rights. One of the most prominent sites of contestation presently is the issue of patenting transgenic animals In addition, some scholars question the evidence linking patent protection either with economic gains, or with the widespread diffusion
of socially beneficial research findings.
Canada needs to develop a comprehensive policy position on the patenting of higher life forms and human biological materials. Because we do not now have such a policy, an important dispute about the scope of patent protection for one particular transgenic animal, the so-called Harvard mouse, has been left to the courts to resolve without any guidance beyond that provided by current legislation. Future patent applications could involve not only transgenic animals, but also such innovations as human tissues or organs grown in the laboratory from human embryo stem cells. Thus, a proactive approach to the social and ethical iss
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