Ethics, Patents and Genome Editing: A Critical Assessment of Three Options of Technology Governance

Current methods of genome editing have been steadily realising the once remote possibilities making effective and realistic genetic changes to humans, animals plants. To underpin this, only 6 years passed between Charpentier Doudna’s 2012 CRISPR-Cas9 paper first confirmed (more or less) case gene-edited humans. While traditional legislative regulatory approach governments international bodies is evolving, there still considerable divergence, unevenness lack clarity. However, alongside technical progress, innovation has also taking place in terms ethical guidance from field patenting. The rise so-called “ethical licensing” one such innovation, where patent holders’ control over techniques, as CRISPR, creates a form private governance possible uses gene-editing through constraints built into their licensing agreements. are some immediately apparent advantages (epistemic, speed, flexibility, global reach, court enforced), this route seems problematic for, at least, three important reasons: 1) democratic legitimacy/procedural justice, 2) voluntariness, wider/global coordination, sustainability/stability challenges 3) potential motivational effects/problems. Unless these concerns addressed, it not clear if an improvement on longer, slower (despite aforementioned problems). Some seem potentially addressed by another emerging patent-based approach. Parthasarathy proposes government-driven regulation using system, which, she argues, more transparency legitimacy than This proposal includes formation advisory committee that would guide deciding when exert gene patents. There be with (over mentioned above—speed stability being central, well increased legitimacy). problems arise—such “half-way house” may legitimate enough whilst compromising speed decision-making under approach). seeks highlight various disadvantages main options—traditional regulation, Parthasarathy’s approach—before suggesting important, yet realistically achievable, amendment TRIPS alternative WTO ethics committee.