ABSTRACT

The European Patent Convention route for European patents is the one used by those who invest heavily in science and technology, especially biotechnology. Usually the morality objection slides into one of challenging the use of genetically manipulated plants on grounds of public safety. Patents have been granted on materials isolated from human tissues and some have been challenged, including: the Moore case and the Relaxin case. Patenting is neither wrong nor right, but should be classed as ethically neutral. The official patent authorities are not prepared to dismiss the isolation of genes as mere discovery. Leaving aside the publication aspect it is the act of actual exploitation of the particular invention to which the moral test must be applied. The devising of various forms of model Agreement has also been under study on behalf of the International Plant Genetic Resources Institute. J. Duesing is writing in the context of the Biodiversity Treaty, which he sees as a positive development.