Gene-patenting and access to healthcare in India: achieving precision

Jain, Dipika (2014) Gene-patenting and access to healthcare in India: achieving precision. Houston Journal of International Law, 36 (1). pp. 102-146. ISSN 0194-1879

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This Article critically evaluates whether and to what extent there has been substantive debate on the ethical aspects of patenting genetic material in light of the widely held opinion that the association of human biological material with property rights is unethical. The ethical concerns are twofold. Some believe that patenting genetic material implies a reduction of its status to “information,” rather than acknowledging it as an integral part of human identity. Another concern is that genetic material is a product of nature rather than a man-made invention, and, hence, it is immoral to patent it. Garforth says that the very “language” of patent law renders it unsuitable for the patenting of higher living organisms. In order for higher life to fall within the ambit of patentable material, the essential ethical dilemma of reducing animate beings to objects to be owned and protected arises.23 Furthermore, this Article evaluates whether the necessary regulatory and policy tools (such as patent laws) are available in India. These regulatory tools are needed to construct a patent policy for human-gene patenting that provides equitable and adequate access to the treatments and technologies derived from these developments.

Item Type: Article
Keywords: gene patenting | healthcare | India | ethics
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Health (Social sciences)
JGU School/Centre: Jindal Global Law School
Depositing User: Arjun Dinesh
Date Deposited: 16 Apr 2022 06:34
Last Modified: 16 Apr 2022 06:34


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