Who Owns the Genome? Human Genetics and Intellectual Property

The recent publication of the Human Genome by Celera Genomics and the Human Genome Institute has focused attention on the legal and ethical implications of the vast new knowledge made available through the sequencing of the genome.

Strong patent protection for DNA sequences has spawned a unique innovation system where patient capital from the private sector funds research in genomics and biotechnology. Some critics argue, however, that granting property rights for genetic information is inappropriate or even immoral. Others argue that strong patent protection limits the availability or raises the cost of genetic tests, pharmaceuticals, and other products of genomics research.

The California Supreme Court’s opinion in Moore v. Regents of the University of California was an important turning point in U.S. patent law doctrine regarding the patenting of DNA and genetic material. The case addressed important issues including patients’ rights in the ownership of biological materials as well as intellectual property rights derived from the study of those materials. The California Supreme Court held that Moore did not have a claim for conversion for the use of his biological materials for research without his consent. The Court also held however that physicians have a duty to disclose their intent when using a patients’ biological material for research and economic gain.

Senator Jay Rockefeller and Senator Bill Frist invite you to join them for a discussion of human genetics and the intellectual property system for DNA sequences.
Written Transcript of the session