ABSTRACT

In assisting developing economies to resist the globalisation of intellectual property rights and set an agenda based on regional public health needs, civil society activity introduces an opportunity for legal and policy developments based upon the input of individual users of the system. The culture of the patent system in particular, is not adequately understood if perpetuated as merely the neoclassical economic narrative of innovation and incentive. Gene patents are in fact an important legal and analytical nexus for the use and consumption of patents and the economic interpretations of the market created for such products. How the function of the intellectual property system may be compromised by life chances will have direct relevance to the fulfilment of the contract with the public when it comes to crucial technology such as medicinal products. The question of infringement in patents relating to gene sequences would seem to raise the question of the usefulness of a known substance for a purpose.