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Who Owns You Science Innovation and the Gene Patent Wars 2nd Edition by David Koepsell ISBN 1118948505 9781118948507

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Who Owns You Science Innovation and the Gene Patent Wars 2nd Edition Edition David Koepsell Digital Instant Download

Author(s): David Koepsell
ISBN(s): 9781118948507, 1118948505
Edition: 2nd Edition
File Details: PDF, 1.74 MB
Year: 2015
Language: english
SKU: EB-5100396 Category: Tag:

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ISBN 10: 1118948505 
ISBN 13: 9781118948507
Author: David Koepsell

The 2nd Edition of Who Owns You, David Koepsell’s widely acclaimed exploration of the philosophical and legal problems of patenting human genes, is updated to reflect the most recent changes to the cultural and legal climate relating to the practice of gene patenting. 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

Who Owns You Science Innovation and the Gene Patent Wars 2nd Table of contents:

You and Your Genes
Your Patented Parts
The “I, Robot, Your Robot” Scenario
The Elephant Man Scenario
There’s Gold in Them Thar Genes! Bioprospecting and Social Justice
Discovery, Not Invention
Genetic Diversity and Cultural Commons
Are You Your Genes?
Genes, Information, and Privacy
Practical Considerations: Gene Patents and Innovation
The Road Ahead
1 Individual and Collective Rights in Genomic Data
The Current Conundrum
The Objects of Our Study
The Legal Framework So Far
Special Challenges of DNA
Property and Parts
Autonomy, Individuality, and Personhood
Economics and the Marketplace for Genes
Ethics and Method
An Outline for the Investigation
The Challenge Ahead
2 Ethics and Ontology
Approaches to the Problem
Groundedness as an Empirical Measure
A Case in Point
The Groundedness of Ownership of Moveables
So Where Does Ontology Get Us?
3 The Science of Genes
Central Dogma of Biology
Classical Genetics
Modern Genetics
How Genes Work
Controlling the Genome
Personalized Medicine
Information, Structure, and Function: Individuals and “Persons”
Information and Individuals
Personhood and “Me-ness”
4 DNA, Species, Individuals, and Persons
Individuals and Species
Commonalities among Species
Individuals within Species
Individual Histories and Individual Genomes
The Social and Legal Importance of Individuality
Human Individuals, Persons, and Rights
Implications for Justice
5 Legal Dimensions in Gene Ownership
The Role of the Law
Autonomy and Property
Early Cases on Microorganisms and Animals: The Slope Toward Human Patents
Patenting Animals
Renting Your Spleen?
The Move to Human Gene Patents
Patenting Diseases
Catalona and Beyond
What is so Strange about the Law of Bodies and Tissues?
The Law of Personal Identity
Reconciling the Law with Reality
6 BRCA1 and 2
The BRCA1&2 Gene Patents
Benson, Flook, and Diehr
New Rulings on Section 101
The Myriad Case in Brief
Why Myriad Matters
Is cDNA Properly Patent-Eligible?
7 Are Genes Intellectual Property?
The Historical Development of Intellectual Property
The Theory of Intellectual Property
Problem Areas in Intellectual Property Theory and Practice
Do Genes Fit any Current Notion of Intellectual Property?
What CAN Properly Be Patented?
Genes and the Law: Where Do They Fit?
8 DNA and The Commons
Current Schemes of Intellectual Property Protection
Existing Forms of Property Protection
Brute Facts and Genes
Unique Property Protection for DNA?
The Notion of the Commons
The Commons as a Choice
The Commons by Necessity
DNA as a Commons
Is DNA More like Ideas or Radio Spectra?
9 Pragmatic Considerations of Gene Ownership
The Evolution of the Institutions of Science
The Big Business of Biotech, and the Cornucopia of the HGP
The Marketplace of Genes
Open Source and Free Markets
Open Source in Biology
National Regulation of Gene Markets
DNA Wants to be Free
10 Nature, Genes, and the Scientific Commons
Introduction
Products of Nature and Inventiveness
Why Not Patent Everything, Including Discoveries?
Discovery Is Not Invention
Discovery, Invention, and Justice
11 So, Who Owns You? Some Conclusions About Genes, Property, and Personhood
Errors in the Law
Problems of Personhood
Other Potential Persons and Property Issues
Our Common Genetic Heritage: What Does It Mean?
Your Genome/Our Genome
Future Issues: Where Do We Go from Here?

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Tags: David Koepsell, Science, Gene Patent