Ethics in scientific results application: gene and life forms patenting

Abstract

Konstantinov K., S. Mladenovic Drinic, V. Andelkovic and M. Babic (2010): Ethics in scientific results application: gene and life forms patenting - Genetika, Vol 42, No. 1, 195 -208. The remarkable development and application of new genetic technologies over the past decades has been accompanied by profound changes in the way in which research is commercialized in the life sciences. As results, new varieties of commercially grown crops with improved or new traits are developed. Many thousands of patents which assert rights over DNA sequences have been granted to researchers across the public and private sector. The effects of many of these patents are extensive, because inventors who assert rights over DNA sequences obtain protection on all uses of the sequences. Extremely valuable to breeders in the national agricultural research system is the ability to genotype their collections to get a clear picture of their diversity and how diversity could be enhanced through sharing and access to global collections. The issue of the eligibility for patenting of DNA sequences needs to be reopened. Patents that assert rights over DNA sequences and their uses are, in some cases, supportable, but in others, should be treated with great caution. Rights over DNA sequences as research tools should be discouraged. That the best way to discourage the award of such patents is by stringent application of the criteria for patenting, particularly utility. A more equitable, ethically based food and agricultural system must incorporate concern for three accepted global goals: improved well being, protection of the environment and improved public health (particular point food from GMO). To mitigate conflict one of the approach to solve problem is ethical and truthful label of GM food, because consumers have a right to choose whether to eat genetically modified foods or not. Interesting examples and risks as consequences of free availability of genetic resources utilization, its transformation, patenting of "new" organism and selling it back to the genetic resource owner are presented. Society has obligations to raise levels of nutrition and standards living by all respect to ethics at each step.