Who Owns You: The Corporate Gold Rush to Patent Your Genes / Edition 1

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Overview

Who Owns You? is a comprehensive exploration of the numerous philosophical and legal problems of gene patenting.

  • Provides the first comprehensive book-length treatment of this subject
  • Develops arguments regarding moral realism, and provides a method of judgment that attempts to be ideologically neutral
  • Calls for public attention and policy changes to end the practice of gene patenting
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Editorial Reviews

From the Publisher
"This book is a useful exposition of the difficulties that patents on human genes give rise to. Its focus on philosophical considerations adds depth to the debate, and it takes a novel perspective ... A book that proposes that the model should be abolished should promote useful debate in the field." (Journal of Biosocial Science, 2011)

"This is an excellent introductory book to the main topics and concepts related to gene patents. Moreover, not only it is a (well written and) comprehensive piece of writing, but also, it has already had an impact within the academia (see, for instance, the many times that it has been reviewed) probably, because of the relevance of, and the accuracy by which the research topic is addressed, and, also probably, because of its strong (provocative and) normative tone and content." (Asian Biotechnology & Development Review, 1 March 2011)

"Who owns you is lucidly written and reads as a 101 gene patenting. It is a book suitable for all who wish to understand gene patenting, and obtain a fresh perspective on associated ethical and legal matters". (Ethical Perspectives, 1 March 2010)

"Koepsell's timely book is highly recommended for all reading levels." (CHOICE, December 2009)"The writing of Koepsell is expertly critical and thoughtfully opinionated. The vast array of intellectually provocative questions raised directly, or indirectly, by the discerning commentary of Koepsell is a great strength of the book. The book's edifying substance is highly relevant to universities and corporations, importantly including insurance, biotechnology and pharmaceutical companies. The rich wealth of information mined by Koepsell's intellectual toil likewise should be of greatly appealing interest to many professionals, including: geneticists, biologists, biomedical scientists, intellectual property scholars, patent public interest and healthcare lawyers, judges, legislators, bioethicists, genetic counselors, and health policy makers." (Metapsychology, April 2010)

"Koepsell makes an extensive argument that gene patents should be recognized as a social justice and human liberty issue ... .Who Owns You provides a real philosophical foundation to anyone interested in the debate." (yalepatents.org, January 2010)

"Who Owns You? is the first long-form, comprehensive treatment of the implications of gene patenting. As such, it deserves much credit for bringing the debate into the public eye, though it's no template for policy change in itself. Perhaps most important is its application of philosophical analysis to bio-policy, an underutilized approach critical to scientific advancement. Koepsell's book serves as a worthy starting point for anyone interested in interconnecting genetics, property law, and philosophy." (Yale Journal of Biology and Medicine, December 2009)

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Product Details

  • ISBN-13: 9781405187305
  • Publisher: Wiley
  • Publication date: 3/28/2009
  • Series: Wiley Desktop Editions Series , #18
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 200
  • Product dimensions: 6.00 (w) x 8.80 (h) x 0.80 (d)

Meet the Author

David Koepsell is an author, philosopher, and attorney whose recent research focuses on the nexus of science, technology, ethics, and public policy. He is Assistant Professor, Philosophy Section, Faculty of Technology, Policy, and Management at the Technology University of Delft, in The Netherlands, andSenior Fellow, 3TU Centre for Ethics and Technology, The Netherlands. He is also the author of The Ontology of Cyberspace: Philosophy, Law, and the Future of Intellectual Property, as well as numerous scholarly articles on law, philosophy, science, and ethics.

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Table of Contents

Acknowledgements ix

Introduction 1

1 Individual and Collective Rights in Genomic Data: Preliminary Issues 20

2 Ethics and Ontology: A Brief Discourse on Method 40

3 The Science: Genes and Phenotypes 49

4 DNA, Species, Individuals, and Persons 66

5 Legal Dimensions in Gene Ownership 83

6 Are Genes Intellectual Property? 101

7 DNA and The Commons 119

8 Pragmatic Considerations of Gene Ownership 137

9 So, Who Owns You?: Some Conclusions about Genes, Property, and Personhood 155

Notes 171

Index 181

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Sort by: Showing 1 Customer Reviews
  • Posted December 11, 2009

    more from this reviewer

    Who Owns You? by David Koepsell: Fascinating, Erudite, Compelling, a Must-read on the Topic

    "Who owns you?" According to Koepsell (Assistant Professor, Philosophy Section, Faculty of Technology, Policy, and Management, Technology University of Netherlands, Delft; Senior Fellow, 3TU Centre for Ethics and Technology, The Netherlands; Ph.D, Philosophy, State University of New York at Buffalo, 1997; J.D., SUNY at Buffalo School of Law, 1995; B.A, Political Science/English, State University of New York at Buffalo, 1990; author of several books including The Ontology of Cyberspace as well as scholarly articles; www.davidkoepsell.com), an author, attorney, philosopher, and educator, whose research has focused on the nexus of science, technology, ethics, and public policy, you may be surprised and alarmed to learn that biotechnology companies, universities, and other research institutions now own the exclusive rights to many parts of you. As the aforementioned entities rush to patent the human genes comprising the human genome-the genetic code that largely defines the distinct features of humans, of which one-fifth is fully patented-- gene patenting threatens to infringe upon the rights of individuals and hinder scientific and technological progress. It also violates international agreements and is contrary to historical and legal norms. In this noteworthy publication, the author provides the first, nearly comprehensive study of the practices and implications of gene patenting. Koepsell maintains that gene patenting is harmful and needs to be reexamined. Using scientific findings, philosophical conclusions, and ethical determinations based upon his examination of the ontology of genes, the author advocates immediate legal reform. Among other solutions, he argues in favor of partly revoking intellectual property laws in order to establish the naturally-occurring, human genome as a "commons by necessity" that will not be patentable by companies, universities, or other research institutions. Divided into nine chapters, covering the science of genes, their ontology, the legal dimensions of gene ownership, intellectual property laws, pragmatic considerations, and more, this accessible, expertly-argued, insightful, nicely-presented, sufficiently-documented, interdisciplinary study on the practices and implications of gene patenting will interest general readers as well as students, scholars, and professionals. It will serve as a significant resource for further understanding, knowledge, and research. This book belongs in many large, public, academic, and law library book collections. Highly recommended.

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