Who Owns You? Science, Innovation, and the Gene Patent Wars

• Lays bare the theoretical assumptions that underpin the injustice of patents on unmodified genes
• Makes a unique argument for a commons-by-necessity, explaining how parts of the universe are simply not susceptible to monopoly claims
• Represents the only work that attempts to first define the nature of the genetic objects involved before any ethical conclusions are reached
• Provides the most comprehensive accounting of the various lawsuits, legislative changes, and the public debate surrounding AMP v. Myriad, the most significant case regarding gene patents

David Koepsell is an author, philosopher, attorney, and educator whose recent research focuses on the nexus of science, technology, ethics, and public policy. He has provided commentary regarding ethics, society, religion, and technology for MSNBC, Fox News Channel, The Guardian, The Washington Times, NPR Radio, Radio Free Europe, Air America, The Atlanta Journal Constitution, and the Associated Press, and other media. He is currently Director of Research and Strategic Initiatives, Comisión Nacional de Bioética, and a Visiting Professor at UNAM Instituto de Investigaciones Filosóficas, Mexico, D.F.

Preface to the Second Edition x

Foreword xiv

Introduction xxiv

1 Individual and Collective Rights in Genomic Data: Preliminary Issues 1

2 Ethics and Ontology: A Brief Discourse on Method 21

3 The Science of Genes 30

4 DNA, Species, Individuals, and Persons 52

5 Legal Dimensions in Gene Ownership 69

6 BRCA1 and 2: The Myriad Case and Beyond 88

7 Are Genes Intellectual Property? 101

8 DNA and The Commons 119

9 Pragmatic Considerations of Gene Ownership 137

10 Nature, Genes, and the Scientific Commons: A Social Ontology of Invention 155

11 So, Who Owns You? Some Conclusions About Genes, Property, and Personhood 165

Notes 182

Index 194

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.