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In some respects, attempts to "improve" on
"natural" life forms have been made for as long as
humans have existed. Breeders have utilized the techniques of
selection, separation, and crossing to create a bewildering
array of forms for a variety of domesticated organisms, from
pigeons to dogs to cattle. In the 19th and 20th centuries,
breeders came to be a more central part of biological science,
producing both important knowledge and new forms of life. Darwin
was moved by the results of breeders and this became the basis
for the opening chapter of his seminal On the Origin of Species.
In the early 20th century, Luther Burbank became known as
"the Edison of the plant world" for the large number
of new varieties and species he created and attempted to
commercially package. The ownership of each new form came to be
an issue during the 20th century. This came to be especially
important as the new science of genetics came to be applied to
practical breeding, giving rise to many new forms. Thus, the
issue of ownership of like is an enduring one--it has been an
issue of controversy for over 70 years.
Two forces have recently made this issue of even more central
importance to society. First, the pace of technological
development has greatly accelerated with the genetic revolution.
Celera (a private company) recently announced that they have
sequenced the human genome (far more rapidly than previously
thought possible) and will produce vast amounts of sequence data
on other organisms as well. This will lead to the discovery of
more and more "genes" and the elucidation of some of
their functions. The announcement that it was possible to clone
an animal (Dolly the sheep) using the nucleus of an adult cell
is one of the more vivid examples of the transformations that
are taking place. Genetic engineering has allowed creation of
bacteria which can perform useful functions (such as
metabolizing oil from a spill). The patenting of the Charkobarty
bacteria opened the door for the patenting of a host of new
engineered organisms--from insect resistant plants, to cows
whose milk contain drugs which are useful to humans.
At the same time, a second force accentuated the importance of
this issue. Legislative and policy developments in the 1980's
have helped to encourage the practice of patenting scientific
research (even when done with public funds). These laws and
policies are predicated on the idea that the traditional concept
of "ownership" has an important role to play in
promoting the technological revolution. The Bayh-Dole act and
the Stephenson-Wyler act (both passed in 1980) helped encourage
the patenting of useful inventions or discoveries with the aim
of promoting the practical development of products emerging out
of scientific research.
This has lead to (among other things) an incredible array of
patent applications for the discovery of genes--ranging from
patents on associations between alleles and diseases, to CDNA
and EST's for both human and non-human genes. Legal challenges
of many of the patents are pending and there is a growing sense
of urgency around issues of both gene patenting and engineered
forms of life.
These controversies to some extent mirror deeper concerns about
the development of these technologies at all. As a result, the
"ownership of life" has become one of the most central
set of issues facing the new technologies, and may lead us to a
host of difficult questions: what is life? what is natural? do
we want to promote the commercial development of these
technologies (and when)? are we somehow "commodifying"
life by our practices?
Thanks to a generous grant from the Geraldine R. Dodge
Foundation, the Center for Bioethics produced a conference and a
forthcoming volume to be entitled "Who Owns Life?"
This web site is a result of their generous support along with
the support of the Kenneth Scott Charitable Trust. We hope this
site helps stimulate discussion, and we especially encourage
teachers to contact us with any questions about the assignments
or any of the material to be found here. For more information,
contact David Magnus, PhD at magnus@mail.med.upenn.edu |