'Mag ik uw genen even patenteren?' Een nieuwe enclosure-beweging

Abstract

Abstract: Do you mind me taking out a patent on your genes? A new enclosure-movement. The extension and reinforcement of intellectual property rights occurring since 1980 represents a second enclosure of the commons. An integral part of this process is the massive patenting of genes. The example of the possible impact of patents covering the BRCA genes related to breast cancer on the system of health care shows that the consequences may be far from salutary. In legal thought gene patents are justified by pointing at the precedent of product patents on isolated natural substances. This precedent can be contested, however, because DNA is an information-bearing molecule. The proper ethical view to adopt when judging gene patents is utilitarianism. Patents on DNA sequences reward the ‘rent-seeking’ behaviour of applicants, but fail the utilitarian test of a proper balance of societal benefits over societal costs. It is not necessary to invoke considerations of justice to dispute gene patents.