Patents, Priority Disputes and the Value of Credit: Towards a History (and Pre-History) of Intellectual Property in Medicine

نویسنده

  • SALLY FRAMPTON
چکیده

In recent years, intellectual property in medicine has generated much debate, becoming one of the most significant issues in modern day medical ethics and linking in with wider discussions about the commercialisation of medicine and the commodification of the human body. Recent high-profile cases in the USA have centred on gene patenting, that having been enthusiastically practised by universities and biotechnology companies, is now having its legality questioned. The unexpected March 2010 ruling of a federal court against Myriad Genetics, which invalidated the company’s patents on the BRCA1 and BRCA2 genes, has highlighted the complexities that now govern the ethical and legal tenure of asserting property rights over biological material. These events provide an ideal opportunity for historians of medicine to strengthen their engagement with what we recognise today as ‘intellectual property’. While historians of science and technology have produced a wealth of literature on the subject, medical ideas and procedures, understood in a more clinical sense, require further disentangling from this broader scope, not least because, as I intend to show here, medical practitioners’ experiences of intellectual property can be so vastly different from that of other professions. Such concerns have realised themselves in my own work looking at developments in British surgery in the nineteenth century, a period during which there was heightened interest in the social role of the inventor. Christine MacLeod has identified a growing

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عنوان ژورنال:

دوره 55  شماره 

صفحات  -

تاریخ انتشار 2011