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thomas spencer wells

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

Medical History / Volume 55 / Issue 3 / July 2011

Published online by Cambridge University Press:

17 May 2012, pp. 319-324
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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.