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“The black market in tissue has multiple impacts. If not
prevented, theft of tissue can create emotional, social, and
financial problems for the tissue source. Personal and social
views of the body serve certain functions for individuals and
their communities. A person’s control over what is done to his
or her body, or its parts, is important to the individual’s
psychological development and well-being. It is also a means of
establishing identity and conveying values to others. But body
tissue has social importance beyond the individual. Social
conceptions of the body establish community identification,
encourage socially responsible behaviors, and set acceptable
priorities for group activities.” [1]
“Those objecting to patents on genes and genetically
engineered organisms on the grounds of commodification may not
be offering Kantian type philosophical arguments about subject
and objects, or even very sophisticated theological accounts of
the sacredness of life or human biological materials. They are
concerned, however, about a reductionism of that which possesses
some kind of intrinsic value to economic common denominators and
the advancement of a worldview that easily facilitates such a
move by only considering economic values.” [2]
However, “For defenders of the current system, patents
represent nothing more than a legal mechanism to ensure
protection and just reward for the tremendous investment in
research that may yield products of significant medical benefit.
That a patent holder or licensee should also have the
opportunity for profit is only suitable, given the investment
not only of money, but of considerable human resources as well.
Patents therefore ensure an element of fairness and justice,
encouraging and rewarding efforts while protecting the rights of
those seeking to invent and develop useful items.” [3]
Defenders of such patent rights would also argue that everyone
will benefit from the products and procedures that will be
generated by patent holders given sufficient economic
motivation.
[1] “Propriety and Property: The Tissue Market Meets the
Courts” by Lori Andrews and Dorothy Nelkin
[2] “Patenting Genes and Life: Improper Commodification?”\
by Mark J. Hanson
[3] “Patenting Genes and Life: Improper Commodification?”\
by Mark J. Hanson |
