In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 10.3 (2000) 265-281 [Access article in PDF] Scope Note 39 Genes, Patents, and Bioethics-Will History Repeat Itself? Susan Cartier Poland Gene patenting--the very notion sounds absurd! How can anyone claim to have invented the genes with which one is born? To make matters worse, genetic makeup precedes birth, meaning the existence of the invention predates the existence of the inventor. So, do we really (...) own our genes, or do they belong to our parents, or our governments, or a Supreme Being? Ownership is only one bioethical issue involved in gene patenting. But before looking at the issues, some essential and basic terms must be understood, namely genes and patents. Genes In his book On the Origin of Species, published in 1859, the biologist Charles Darwin proposed a theory called "natural selection," whereby living things changed over time or evolved through generations due to competition and variation. By experimenting with the garden pea in the 1860s, Gregor Mendel, a monk and accomplished horticulturalist, provided the mechanism of inheritance supporting the natural selection theory of his contemporary Darwin. That mechanism is the gene, or, as Mendel described it, a discrete "factor." The gene has also been defined as "the fundamental unit of heredity" (United States 1987, p. 157). Each individual has two copies of a gene, one from each parent, but that individual passes down to offspring only one of the two copies. Because of Mendel, the gene has become a scientific concept and the basis of a new scientific field: genetics.David C. Page (2000) of the Whitehead Institute for Biomedical Research at the Massachusetts Institute of Technology explained today's terms for genetics structures using an analogy taken from the home. In his view, the cell is a kitchen, the genome is a shelf in the kitchen, the chromosome is a cookbook on the shelf, the gene is a recipe in the cookbook, and a base-pair (either adenine with thymine or guanine with cytosine) is a single letter in the recipe. A protein, the [End Page 265] working molecule blueprinted by a gene, is a dish ready to eat, and an ingredient in the dish is an amino acid, which is a building block of the protein as specified by a string of base-pairs.Colin Tudge (1993), a British science journalist, would disagree with Page's description of the gene as a recipe. A recipe is like a blueprint: both are directions that precede the work. But a gene is not passive according to Tudge; it actively administers the cell's work, and it also responds to cellular events (Aldridge 1996).The current focus of scientific research and funding is on the gene and the completion of the sequencing of all the genes that comprise the human genome, portrayed in the press as a race between the U.S. government's Human Genome Project and the private corporation Celera Genomics. The real action, however, is at the protein level. The gene only holds the information to produce a protein; it is the three-dimensional shaped protein that does the work. In order to produce energy, eliminate waste, and perform other functions specific to a cell or tissue, proteins must bind, thus creating "biological pathways." Proteins bind (or not) and detach as a function of their shapes, which are determined by their precise chemical composition as spelled out in their genetic code. IBM will spend the next five years making one computer, Blue Gene, that will then take an entire year to come up with the chemical map for only one protein (Gillis 2000). It is estimated that there are about 40,000 proteins in the human body.Despite these overwhelming numbers, modern biology has been able to achieve significant results within the Human Genome Project's 15-year time frame, from 1990 to 2005. The genetic map was completed in 1993; the physical map was completed in 1995; and the genetic sequence is expected to be completed in 2002, with 97 to 99 percent completed as of 26 June 2000. This... (shrink)

This paper is about disposability as a technological concern and about how to trace the related issues through the analysis of patents. It examines how moral and social concerns happened to be embedded in technology, based on the case of disposable feminine hygiene products. The focus is placed on what “disposable” means and on exploring relative notions as well as their dynamic and consequences. To conduct such analysis, the paper proposes to perform a classic and computer-assisted analysis of the patents (...) published by Johnson & Johnson over almost a century. Tracing social and moral concerns in patents challenges the existing literature in law, which tends to envision patents as legal assets deprived of moral considerations. The paper shows how hygiene products addressed women, how these products were made disposable, and how what disposability means evolved, both in the heart of technology and in the wider space of “concerned” markets. (shrink)

This study examines the representations of human gene patents in Chinese newspapers. We conducted a qualitative content analysis of news articles published between 2006 and 2017 to identify the major themes in media coverage, ethical considerations, perceptions of risks and benefits, and attitudes towards the patentability of human genes. The results show that two key ethical concerns were expressed by journalists: that it is morally wrong to own or patent human genes and that gene patents could potentially impede patients’ access (...) to healthcare services. Nonetheless, the press coverage has tended to be largely favorable, rather than opposed to human gene patenting. There were no normative claims that human genes should not be patentable in China, which indicates a generally positive attitude towards patentability in media discourse. Most articles that expressed criticism toward gene patenting discussed challenges in other countries, with significant attention given to the United States Supreme Court’s ruling in the Myriad case that invalidated Myriad Genetics’ patents on the BRCA1 and BRCA2 genes. Overall, the newspapers were uncritical of the Chinese gene patenting regime. News reporting on the issue was highly suggestive of a strong pro-commercialization stance, although some discussions emphasized potential risks over benefits. Our analysis highlights the need for balanced media reporting on human gene patents in China and a top-down approach to engage the public in substantive discussions on the ethical and societal implications of the existing patent regime. (shrink)

In this paper I analyse the ethical implications of the two main competing methodologies in genomic research. I do not aim to provide another contribution from the mainstream legal and public policy perspective; rather I offer a novel approach in which I analyse and describe the patent-and-publish regime (the proprietary regime) led by biologist J. Craig Venter and the 'open-source' methodologies led by biotechnology Nobel laureate John Sulston. The 'open-source methodologies' arose in biotechnology as an alternative to the patent-and-publish regime (...) in the wake of the explosion in computer technology. Indeed, the tremendous increase in computer technology has generated a corresponding increase in the pace of genomics research. I conclude this paper by arguing that while the patent-and-publish method is a transactional method based on the exchange of extrinsic goods (patents in exchange for research funds), the free and open-source methodology (FLOSS) 1 is a transformational method based on a visionary ideal of science, which leads to prioritizing intrinsic goods in scientific research over extrinsic goods. (shrink)

This historical essay presents an analysis of the origins and development of modern pharmacognosy in Ukraine and explores the founding and development of the Department of Pharmacognosy at the National University of Pharmacy (NUPh, Kharkiv), providing an overview of the department`s history, a framework of its educational and methodological processes, primary research directions, and its main achievements. The paper also includes biographical data and outlines the main scientific and pedagogical achievements of prominent individuals who made a significant contribution to the (...) development and formation of pharmacognostic and pharmaceutical science and education in Ukraine. Over the years, the staff of the pharmacognosy department has authored and published 14 monographs, 8 standard training programs, 25 textbooks, practical guides, and training manuals, 47 lecture notes, and 103 educational and methodological developments. Furthermore, 16 doctoral and 77 candidate theses have been defended at the Department of Pharmacognosy. The staff has also secured 63 author’s certificates and 171 patents, and published about 1,050 articles, 1,060 abstracts, and 16 monographs. In addition, the department has developed numerous medicinal products and therapeutic as well as preventive items that have been introduced into medical practice. These achievements create a solid background for the department’s fruitful development and future success. (shrink)

In September 1998 the Dutch Ministry of Health together with the Dutch Society of General Practitioners , the Royal Dutch Society of Pharmacists , and the Dutch Patient and Consumer Federation published a pamphlet entitled: The same medicine in a different coat. Drugs without a trademark, equally effective, but cheaper. Patients could obtain a copy at the local pharmacy or in the waiting room of their general practitioner. It deals with the question whether the name of the patent drug should (...) be written on the prescription or only the active component. This is important because, according to the authors, the costs of health care can be reduced without reducing the quality of the care if the doctor prescribes the generic form. It is also mentioned that another advantage of prescribing the generic form is that, contrary to the …. (shrink)

Free-will incompatibilism has become a motte-and-bailey doctrine (Shackel 2014), and is currently being maintained by standard motte-and-bailey strategies. In this paper, I explain why incompatibilism has a motte-and-bailey structure and why philosophers who do not aim to dismantle it are complicit in both the maintenance of this problematic doctrine and the normalization of a host of bad practices engaged in by those who actively exploit it. To solidify the diagnosis, I provide a paradigmatic motte-and-baileying case that has been ongoing for (...) over a decade. Specifically, I discuss how motte-and-baileying has generated widespread confusion surrounding the logical structure and conclusion of manipulation arguments. Even more specifically, I look at Mele's so-called "Zygote Argument for incompatibilism". I point out that Mele currently conflates under two distinct arguments with different logical forms and substantively different conclusions under that heading, and explain how this has needlessly impeded progress in the free-will debate. The original variant of the Zygote Argument was invalid because it aimed to establish that determinism precludes (destroys, undermines, is antagonistic to) free will, but its supported a far weaker non-explanatory conclusion. In direct response to this invalidity objection, Mele took his critic's suggestion to change the conclusion of his argument to the thesis that free will and determinism are perhaps spuriously associated -- but he also covertly changed his preferred definition of 'incompatibilism' to pick out the non-explanatory conclusion of the new variant of the Zygote Argument which allowed him to continue speaking AS IF his argument was still an argument for incompatibilism according to his original definition of 'incompatibilism'. It is not simply that Mele made these changes or that he failed to mention in print that he made them (despite having over a decade to do so), but that he has actively attempted to discredit his critics by insisting--contrary to fact--that those who do not use his negative definition of 'incompatibilism' are using the term in a nonstandard and nontraditional way that he has "never had any use for" and there is some kind of connection (which he does describe) between the invalidity objection to his original argument that the definition of 'incompatibilism' one prefers. Oddly, Mele has mentioned only one "invalidity objection" in print, but this objection is direct at the revised Zygote Argument--even though no one had ever pressed an invalidity objection to his new argument (the form of which is patently valid). As a direct result of Mele's evasive behaviors (covertly redefining jargon to cover changes to the form/conclusion of his argument), many people--including Mele's own former graduate students--have published articles in which they fail to recognize that Mele changed his argument and redefined terms, thereby perpetuating the false narrative that the new Zygote Argument has the same "incompatibilist" conclusion as the original (which, notably, had the same conclusion as its predecessor, Pereboom's Four-Case Argument). Moreover, Mele has not even ONCE corrected those who "misdescribe" his revised argument as concluding that determinism is antagonstic to (precludes, undermines, rules out, etc.) free will. For example, Mele never corrects those who mistakenly claim that the revised Zygote Argument has the same "incompatibilist" conclusion as Pereboom's, nor has Mele ever mentioned that he now defines the term 'incompatibilism' differently than Pereboom--since Pereboom since uses this term to refer to the explanatory conclusion of the original Zygote Argument, which had the same explanatory conclusion of his Four-Case Argument. To further throttle his critics, Mele has obliquely suggested that the invalidity objection to his original Zygote Argument works only if one accepts his critic's idiosyncratic definition of 'incompatibilism' -- a patently false charge (since the term 'incompatibilism' doesn't even appear in his arguments) and one that has needlessly confused his audience. Indeed, other philosophers have now made this false and quite indefensible accusation explicitly in print, thereby helping Mele and others to continue motte-and-baileying with impunity. I close by preemptively responding to strategies commonly used by motte-and-bailey apologists to suppress legitimate criticisms of their equivocation and well-poisoning strategies (e.g. "Philosophers are allowed to define their technical terms however they like" and "the motte/bailey divide is a distinction without a difference") which have hitherto kept their philosophical audience from participating in a legitimate discussion about why tracking the distinction between the the "motte" thesis (a negative, arguably spurious association claim) and the "bailey" thesis (a positive explanatory claim) is not trivial, but is instead one that is absolutely essential to making progress in the free-will debate. Of course, a single critic cannot (almost by definition) undermine a motte-and-bailey doctrine once it has been established. As such, even if every diagnosis in this essay is accurate, it will not change the discourse. The motte-and-baileying will continue, and the debate will remain in needless deadlock, until a critical threshold of OBSERVERS learn about the motte/bailey distinction and ask apologists for motte-and-bailey incompatibilism to stop their motte-and-baileying. -/- Manuscript available upon request, plz gmail me: kristin.mickelson.42@. (shrink)

News that the first draft of a map of the human genome had been completed was received with great excitement but fears persist about how this knowledge will be used. Such concerns were the basis for an international conference held in Preston, England in December 1997. The issues addressed were non-existent when many of those attending the conference were born, but they are among the most pressing ethical problems we face today. They are philosophically challenging, and the way we deal (...) with them will have far reaching consequences for both individuals and society. The proceedings of the conference are now available in this book. Thirty authors, almost exclusively from Western Europe and North America, have written about the important issues of eugenics, insurance, the effects of market forces and the question of patents, public awareness of genetics and a variety of psychosocial and ethical concerns. Readers with …. (shrink)

The similarity of documents in a large database of published Fractals articles was examined for redundancy. Three different text matching techniques were used on published Abstracts to identify redundancy candidates, and predictions were verified by reading full text versions of the redundancy candidate articles. A small fraction of the total articles in the database was judged to be redundant. This was viewed as a lower limit, because it excluded cases where the concepts remained the same, but the text was altered (...) substantially. Far more pervasive than redundant publications were publications that did not violate the letter of redundancy but rather violated the spirit of redundancy. There appeared to be widespread publication maximization strategies. Studies that resulted in one comprehensive paper decades ago now result in multiple papers that focus on one major problem, but are differentiated by parameter ranges, or other stratifying variables. This ‘paper inflation’ is due in large part to the increasing use of metrics (publications, patents, citations, etc) to evaluate research performance, and the researchers’ motivation to maximize the metrics. (shrink)

The similarity of documents in a large database of published Fractals articles was examined for redundancy. Three different text matching techniques were used on publisheds to identify redundancy candidates, and predictions were verified by reading full text versions of the redundancy candidate articles. A small fraction of the total articles in the database was judged to be redundant. This was viewed as a lower limit, because it excluded cases where the concepts remained the same, but the text was altered substantially.Far (...) more pervasive than redundant publications were publications that did not violate the letter of redundancy but rather violated the spirit of redundancy. There appeared to be widespread publication maximization strategies. Studies that resulted in one comprehensive paper decades ago now result in multiple papers that focus on one major problem, but are differentiated by parameter ranges, or other stratifying variables. This ‘paper inflation’ is due in large part to the increasing use of metrics (publications, patents, citations, etc) to evaluate research performance, and the researchers’ motivation to maximize the metrics. (shrink)

A physician and spokesman for the French Ideologues, Pierre-JeanGeorges Cabanis (1757-1808) stands at the crossroads of several influential developments in modern culture--Enlightenment optimism about human perfectibility, the clinical method in medicine, and the formation and adaptation of liberal social ideals in the French Revolution. This first major study of Cabanis in English traces the influences of these developments on his thought and career. Originally published in 1980. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously (...) out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

Modest_Witness@Second_Millennium. FemaleMan_Meets_OncoMouse explores the roles of stories, figures, dreams, theories, facts, delusions, advertising, institutions, economic arrangements, publishing practices, scientific advances, and politics in twentieth- century technoscience. The book's title is an e-mail address. With it, Haraway locates herself and her readers in a sprawling net of associations more far-flung than the Internet. The address is not a cozy home. There is no innocent place to stand in the world where the book's author figure, FemaleMan, encounters DuPont's controversial laboratory rodent, OncoMouse. (...) Haraway sees the world of contemporary technoscience as a drama. Information sciences and life sciences are at the center of the dramatic action. Scenes are set in landscapes where maps of human genetic differences are stored in databases, racialized bodies are reconfigured by morphing for photographs in popular magazines, and transgenic mice important to breast cancer research are patented intellectual property. The actors are many, and not all are human. Beginning with the Modest Witness, the key figure in the Science Revolution, Haraway shows us the trouble lurking in race and gender- marked practices for attesting to matters of fact. In later scenes, Haraway explores the kinship relations among the many cyborg creatures produced in the late twentieth-century--in nuclear research, genetic engineering, reproductive technologies, computer-mediated representational practices, and mutations in biological approaches to "race.". (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 12.3 (2002) 305-323 [Access article in PDF] Scope Note 41 Bioethics and Cloning, Part I Susan Cartier Poland and Laura Jane Bishop This is Part One of a two part Scope Note on Bioethics and Cloning. Part Two will be published in the December 2002 issue of the Kennedy Institute of Ethics Journal and as a separate reprint. Contents For Parts 1 And 2 (...) Part 1Part 2I.History of the ScienceI.Ethical PerspectivesII.Historical CommentaryII.Religious PerspectivesIII.Animal WelfareIII.Fiction and FilmIV.Laws and Legal Literature"Clone" is a collective noun (I, Stewart 1997, p. 771). A collective noun names a group and is composed of individual members, such as "herd" or "flock." Derived from the Greek kl¯on for twig or slip, "clone" was first used in biology to describe the aggregate of asexually produced progeny of an individual, either naturally occurring or man-made; the definition later expanded to mean a group of genetically identical members who originate from a single ancestor. Thus, a clone is a group that results from the process of asexual reproduction.In nature, cloning occurs either by parthenogenesis (reproduction without fertilization) or by fission (embryo splitting). In a pioneering experiment in 1952, Robert Briggs and Thomas J. King (I, 1952), cancer researchers at the Institute for Cancer Research (today part of the Fox Chase Cancer Center) in Philadelphia, demonstrated on frogs another method of cloning by transplanting nuclei into enucleated cells, a technique called "nuclear transplantation," which John B. Gurdon and colleagues (I, 1958, 1975) used to create clones of frogs.Then, in the late 1970s and early 1980s, two back-to-back frauds in cloning occurred. First, the cloning of a human described by American science journalist David Rorvik in the 1978 book In His Image was called a hoax by a court in [End Page 305] 1982. Second, the cloning of three mice, announced by German wunderkind Karl Illmensee to scientific circles in 1979 (and to the public in 1981), could not be proven to be true, according to convincing evidence by McGrath and Solter (I) published in 1984.With their pronouncement that mammalian cloning was impossible, McGrath and Solter essentially stopped cloning research and funding for such biological research. So by the mid-1980s, instead of further investigating cloning, developmental biologists studied embryology related to in vitro fertilization, while molecular biologists studied recombinant DNA under the newly relaxed NIH guidelines. These two strands of scientific investigation came together in the work of Ian Wilmut, who created in vitro embryos using nuclear transplantation to reproduce genetically engineered cattle. Wilmut was seeking a way to increase the successful birth rate when, in the 1990s, he produced identical twin sheep, Megan and Morag, cloned from an embryonic cell, followed by another sheep, Dolly, cloned from an adult cell. The birth of a mammal from an embryo whose genetic material came from an adult cell firmly re-established the possibility of cloning from adults. Prior to Dolly's birth, scientists believed that adult cells lost the ability to dedifferentiate—i.e., to become unspecialized—and so could not direct the development of an embryo through to birth.The 1997 announcement of Dolly's birth initiated the present widespread discussion of cloning. Because of its potentially vast applications across human health, medicine, agriculture, and business/economics, cloning raises a host of issues including those concerning: genetics and genetic engineering, patenting, animal rights and/or animal welfare (especially for transgenic, research, or cloned animals), organ transplantation, reproduction, eugenics, pharmacology (drug production using transgenic animals), research practices, informed consent, stem cell research, women's rights, children's rights, parental rights and responsibilities, and theology and philosophy. It fosters questions about the meaning and purpose of life, the limits of human powers to intervene in research and therapy, and what it means to be human or animal. In addition, environmentalists and organic farmers raise concerns about the effect of novel animals and plants on the environment, while nutritionists and the lay public wonder... (shrink)

This article is part of a Symposium that examines the legal and policy issues raised by the Schwarzenegger bobblehead doll litigation, in which a Hollywood star-turned-governor sued under California's right of publicity laws and under federal copyright law to stop a small Ohio company from selling a bobblehead doll depicting Schwarzenegger in a business suit, with a bandolier of bullets, and brandishing an assault rifle. The article contends that defendants' unauthorized use of the Schwarzenegger image on dolls and their accompanying (...) packaging was permissible as First Amendment-protected free speech under California's right of publicity laws and also constituted fair use under federal copyright law. The article rejects the argument that a First Amendment defense to plaintiff's right of publicity claims was unavailable because a bobblehead doll is not a "traditional" medium of expression for ideas. The article recognizes that overly expansive assertions of rights of publicity and other intellectual property rights threaten to stifle creative expression and diminish the cultural commons. The article also calls for clearer and more consistent recognition of defenses to right of publicity claims, particularly for cases where a defendant's unauthorized appropriation of another's image or likeness is for purposes of caricature, parody, or satire¿especially where the image is that of a politician. It concludes that the settlement of the Schwarzenegger bobblehead doll case illustrates how "strategic" assertions of even objectively non-meritorious rights of publicity can allow powerful plaintiffs to censor unflattering depictions of them and to unduly expand intellectual property rights without full adjudication on the merits of such claims.This insight is critical, because while other scholars have suggested that the "over-protection" of intellectual property rights (including rights of publicity) has a deleterious effect on freedom of expression and the public domain, these criticisms focus almost exclusively on published appellate cases. Yet, as this article reminds us, most cases settle and never become litigated cases, much less published appellate decisions. And most disputes - including intellectual property disputes - never result in formal litigation in the first instance. As with most other areas of the civil disputing process, intellectual property disputes are processed in the "shadow of the law", where repeat players have strategic advantages to shape the outcomes of disputes in their favor. Thus, if we want to know whether intellectual property rights are over-protected, we need to know what happens (and why) in the shadow of intellectual property law. This insight is the basis for the author's empirical research-in-progress focusing on "strategic intellectual property enforcement" by owners of trademarks, copyrights, and patents, including enforcement that never results in litigation and is thus under the radar of what most legal scholars in this area of law examine. (shrink)

The eight essays assembled under this title were originally presented at the 1965 Great Thinkers Forum sponsored by the Department of Philosophy and Religion at the University of Georgia. These essays are now being published in the conviction that they all make "valuable contributions toward the understanding and resolution of the contemporary challenge to theology and religion." The challenge in question is the one that comes from neopositivism and linguistic analysis. By the time the reader comes to the end of (...) his own effort he finds himself wondering in what sense the 1965 papers are to count as valuable contributions. No doubt they are valuable in the sense that it is worthwhile watching a single-minded philosopher pouring his soul out in an attempt at showing how the "disguised nonsense" of religious language is "patent nonsense," or how the "putatively factual assertions" of religious language are "bogus, pseudo-factual statements, devoid of the kind of intelligibility that believers rightly demand of them." Along the way one may collect pearls of rare beauty, such as the statement that "There is no convention in English or logical rule which makes ‘there is no God’ a contradiction," or questions such as "Who has observed him under controlled conditions?" Another contribution of the same general usefulness may well be that the thoughtful reader is being initiated to the exertions of that transformational hermeneutics by which pseudo-assertive religious statements are being rescued from wholesale meaninglessness, and accorded the innocuous meaningfulness of emotive or convictional language, or of disguised moral discourse. Professor Frank H. Harrison III makes an interesting attempt at injecting into the landscape, linguistically and epistemologically so bleak, what he calls "knowledge by acquaintance," which is in his vocabulary the equivalent of what mysticism calls amor Dei, and Antoine de Saint-Exupéry describes as a seeing with the heart. The discussion of myth by Professor Robert H. Ayers ignores what happens to be the heart of the matter in mythic thinking, namely the absence of the distinction between object and subject, but does provide a good introduction to the "profusion of confusion" that flourishes around myth, "one of the most traveled hobos in our times.". (shrink)

This article is concerned with the affective relationship among bodies and film technologies in the process of building and using filmmaking instruments, taking as its object the early Rotoscope, a device patented by the legendary American animator Max Fleischer that entailed the projection of live-action film for use as a template in the drawing of animated figures, to which the live-action trace was thought to impart life-like, normative patterns of movement. Drawing from media archaeology, psychoanalytic theories of repetition, projection, and (...) condensation, and object relations theory, this article offers an interpretation of some of the kinds of psychic interactions offered in animated film through traces of the Rotoscope’s production history found in the device’s patent drawings, its patent embodiments, and its published family legend. It is proposed that the device was the locus of a collective fraternal performance, serving as a shared ground for an array of condensations and displacements and enactments of repetition compulsion among the multiple bodies engaged in the production of the device, as well as among the multiple animated and live-action film bodies that crossed its production screens and patent pages. One objective of this article is to shift the interpretive and analytic focus in film studies from the filmstrip and the projected screen image to the relationship between bodies and technologies in the experience of making films, and making the filmic apparatus. A secondary objective of this article is to suggest that the approach to bodily movement embedded in the design of the Rotoscope was hardly normative. The device offered a means to stretch and distort both norms and stereotypes of human expression through movement. The rotoscoped body sometimes performed in ways that pushed the limits of viewer expectations about how a given body will, or should, move, in space or across the screen. (shrink)

This is a series of essays by a group of young writers on the influence of the ecumenical dialogue on the fuller understanding and consequently on the development of Christian doctrine. As Fr Lash puts it in his introduction: ‘if the contemporary Christian is going to discover the life-giving word in its wholeness, then the ecumenical movement becomes a critical factor in doctrinal development’. That is quite patently true. But what appears to the present reviewer as less exact and in (...) a certain sense misleading is the statement made in the same introduction : ‘The one sure way of betraying the truth which enlivens it would be for the church merely to repeat the formulas of yesterday. Significantly, a persistence in the repetition of dead formulas is the best way of ensuring the death of effective Christian witness, for if you can convince yourself that nothing new needs to be said, you are more than half-way to convincing yourself that nothing new needs to be done’. When Pope John XXIII pointed out the difference between the substance of the deposit of faith and the way in which it is presented, he assuredly had not in mind the dogmatic formulas in which the church expressed its faith in the course of its history. Or are the formulas of Nicea dead? or those of Chalcedon and Trent? One fails to see in what precise sense a formula can be termed dead. The first part of the book deals in five essays rather with the abstract principles behind the relationship between ecumenism and the development of doctrine, that is, between ecumenism and the church’s fuller understanding of the Christian message. The second part consists of a long essay by the Dutch Jesuit Fr Frans Jozef van Beeck, entitled: ‘Towards an ecumenical understanding of the sacraments’, dealing with the theologically very important and practically very delicate problem of communicatio in sacris. This essay deserves a very attentive but critical reading. One is somewhat surprised to find no mention anywhere in the book of the ecumenical directory published by the Secretariat of Christian Unity on Pentecost Monday 1967. It has, as is well known, a direct bearing on the practical problem of communicatio in sacris. Fr Lash’s introduction is dated: July 1967. (shrink)

Purpose of this article is to tell foreign readers about novels made in Russian intellectual property law in 2014. As is known modern Russian revolution in the field of intellectual property legislation occurred January 1, 2008 when Russian intellectual property legislation was codified, included in the text of part fourth of the Civil Code of the Russian Federation. Part fourth of the Russian CC entered into force on January 1, 2008. At the same day seven sectoral intellectual property laws were (...) repealed. Second Revolution in this field took place during 2014: Federal law №35-FZ, 2014, substantially amending the Fourth part on the CC, entered into force on October the 1st of 2014. Scientific aim: The essence and evaluation of these amendments is the subject matter of this paper. Methods: The research is based on the analysis of the new amendments and articles added to the part fourth of the CC. Findings: Codification of the sectoral legislation en bloc in CC is a unique phenomenon. The author believes that such a construction of intellectual property law was made correctly and at the proper time. Factually the Federal Law №35-FZ is the eleventh law amending the text of the part fourth of the CC. But all previous amendments were small and not substantial. As far as amendments introduced by the law №35-FZ are concerned, they are numerous and very, very substantial. Before entering into force of the law №35-FZ, the Part fourth of the CC contained 328 articles. The law 35-FZ amends 169 articles of it and adds seven new articles. I am convinced that the law is a rather big step towards building a modern system of intellectual property legislation in Russia. Conclusions: More than 150 amendments were introduced by the law №35-FZ. Author estimates about 80% of them as positive and about 20% as negative and erroneous. These amendments do not contradict the international intellectual property agreements signed by the Russian Federation. Generally their purpose is to enhance and clarify the Russian intellectual property legislation and to narrow the gap between Russian and European intellectual property laws. The author of this article deals with intellectual property laws more than 50 years on. This paper is a short English version of various articles on this topic published in Russian, in journals: «The business and the law» and «The patents and licenses». (shrink)

The similarity of documents in a large database of published Fractals articles was examined for redundancy. Three different text matching techniques were used on published Abstracts to identify redundancy candidates, and predictions were verified by reading full text versions of the redundancy candidate articles. A small fraction of the total articles in the database was judged to be redundant. This was viewed as a lower limit, because it excluded cases where the concepts remained the same, but the text was altered (...) substantially.Far more pervasive than redundant publications were publications that did not violate the letter of redundancy but rather violated the spirit of redundancy. There appeared to be widespread publication maximization strategies. Studies that resulted in one comprehensive paper decades ago now result in multiple papers that focus on one major problem, but are differentiated by parameter ranges, or other stratifying variables. This ‘paper inflation’ is due in large part to the increasing use of metrics (publications, patents, citations, etc) to evaluate research performance, and the researchers’ motivation to maximize the metrics. (shrink)

Purpose: A poetic work of fiction haunts the base of the Statue of Liberty. The act overshadowed the original tribute to the Civil War victory and the Emancipation Proclamation. Abraham Lincoln's praises of the Black American military fell silent. Eurocentrists shrouded centuries of genius and scaled-down Black American mastery. Sagas of barrier-breaking Olympians, military heroes, Wild West pioneers, and inventors ended as forgotten footnotes. Today, countries around the world fetishize Black American history and culture to the point of ethnocide. The (...) real-time case study of Woni Spotts explores the phenomenon. Until ancient traditions evolve with authenticity, global cultures will wither and die. The presented research chronicles over half a millennium of archives. Lists with names, dates, and genealogies seal the Black American legacy in stone. Methodology: The presented research for case studies draws from archival data, dated events, news articles, and an interview with Woni Spotts. The case studies generated three lists. Fifty sports and competitions were dated and cataloged. The athletes were analyzed by a genealogist. Forty music and dance genres were cataloged by publishing or recording dates. The artists were analyzed by a genealogist. Copyright infringements were noted. Inventors were researched for U.S. patents. NASA astronauts and inventors were analyzed by a genealogist. Findings: The presented research showed centuries of untold, reframed, stigmatized, and fetishized Black American history and culture. In the case studies, foreigners of African descent (Africans, Caribbeans, Central Americans, and South Americans) practiced ethnocidal behavior in concert with European descendants. Prolific abolitionists, patriots, politicians, and inventors were written out of history. Superstar athletes were obstructed or outshined by fictional Recommendations: Case studies showed centuries of fragmented narratives created biases and distortions. Black Americans were written out of history, reframed as background characters, stigmatized with skewed statistics, and fetishized globally to the point of ethnocide. The presented research stands as a vital resource for preservationists. Music and dance genre architects were solidified by publishing and recording dates. Athletic events, inventions, and NASA scientists were recorded. (shrink)

Since the 1980s in the US and the 1990s in Europe, patenting and licensing activities by universities have massively increased. This is strongly encouraged by governments throughout the Western world. Many regard academic patenting as essential to achieve ‘knowledge transfer’ from academia to industry. This trend has far-reaching consequences for access to the fruits of academic research and so the question arises whether the current policies are indeed promoting innovation or whether they are instead a symptom of a pro-intellectual property (...) (IP) culture which is blind to adverse effects. Addressing this question requires both empirical analysis (how real is the link between academic patenting and licensing and ‘development’ of academic research by industry?) and normative assessment (which justifications are given for the current policies and to what extent do they threaten important academic values?). After illustrating the major rise of academic patenting and licensing in the US and Europe and commenting on the increasing trend of ‘upstream’ patenting and the focus on exclusive as opposed to non-exclusive licences, this paper will discuss five negative effects of these trends. Subsequently, the question as to why policymakers seem to ignore these adverse effects will be addressed. Finally, a number of proposals for improving university policies will be made. (shrink)

The production of vaccines for COVID-19 has been far from ideal in terms of meeting world demand, thereby mitigating the infections and deaths caused by the pandemic. Part of the reason production has been inefficient is that those pharmaceutical companies that own the vaccine do not have sufficient productive capacity to meet demand. Resultantly, many have advocated for waiving patent rights to the vaccine so it can be massively produced worldwide. Pharmaceutical companies and their advocates have opposed this waiving of (...) patent rights. In this article, I respond to the arguments that oppose waiving patents and contend that there is a case for temporarily waiving them. Mainly, I present a negative argumentative strategy that upholds the view that patents ought to be waived. However, in light of my arguments, the absence of positive reasons to withhold the patents implies that there are positive views for temporarily waiving them. (shrink)

ABSTRACTMore than a third of the world's population has no access to essential drugs. More than half of this group of people live in the poorest regions of Africa and Asia. Several factors determine the accessibility of drugs in developing countries. Hardly any medicines for tropical diseases are being developed, but even existing drugs are often not available to the patients who need them.One of the important determinants of access to drugs is the working of the patent system. This paper (...) first maps out some facts about the global patent regime that has emerged as a consequence of the conclusion of the WTO‐TRIPs Agreement in 1994. Attempts to construct a moral justification of the patent system have been based on three grounds: natural rights, distributive justice, and utilitarian arguments. This paper examines to what extent and on which grounds drug patents can be justified. The final section looks at the so‐called ‘Doha Declaration on the TRIPs Agreement and Public Health’, which was adopted by the WTO Ministerial Conference two years ago, recognising the primacy of public health over the interests of patent proprietors. (shrink)

This paper focuses on the question of whether DNA patents help or hinder scientific discovery and innovation. While DNA patents create a wide variety of possible benefits and harms for science and technology, the evidence we have at this point in time supports the conclusion that they will probably promote rather than hamper scientific discovery and innovation. However, since DNA patenting is a relatively recent phenomena and the biotechnology industry is in its infancy, we should continue to gather evidence about (...) the effects of DNA patenting on scientific innovation and discovery as well the economic, social, and legal conditions relating to intellectual property in biotechnology. We should give the free market, the courts, researchers, and patent offices a chance to settle issues related to innovation and discovery, before we seek legislative remedies, since new laws proposed at this point would lack adequate foresight and could do more harm than good. However, we should be open to new laws or regulations on DNA patents if they are required to in order to deal with some of the biases and limitations of the free market. (shrink)

Those objecting to human DNA patenting frequently do so on the grounds that the practice violates or threatens human dignity. For example, from 1993 to 1994, more than thirty organizations representing indigenous peoples approved formal declarations objecting to the National Institutes of Health's bid to patent viral DNA taken from subjects in Papua New Guinea and the Solomon Islands. Although these were not patents on human DNA, the organizations argued that the patents could harm and exploit indigenous peoples and violate (...) their cultural values. NIH eventually dropped one of its patent applications.On May 18, 1995, 180 religious leaders, led by biotechnology critic Jeremy Rifkin, held a press conference objecting to DNA patenting in Washington, D.C. In their “Joint Appeal against Human and Animal Patenting,” these leaders decried any attempt to patent nature. Some of the more outspoken members of the Joint Appeal likened DNA patenting to slavery, while others objected to treating human beings as marketable commodities. In his recent book, The Biotech Century, Rifkin rehashed the objections to DNA patenting voiced by members of the Joint Appeal. (shrink)

The biotechnology patent debates have revealed deep moral concerns about basic genetics research, RD and specific biotechnological products, concerns that are seldom taken into consideration in Technology Assessment. In this paper important moral concerns are examined which appear at the various stages of development of a specific genetic product: a predictive genetic test. The purpose is to illustrate the need for a more contextual approach in technology assessment, which integrates the various forms of interaction between bio-technology and society or societal (...) segments. Such an approach will generate greater insight in the moral issues at all stages of a products life-cycle and this will facilitate decision-making on the morality of a specific biotechnological product. (shrink)

The attitudes of physicians and drug manufacturers in the US toward patenting pharmaceuticals changed dramatically from the mid-nineteenth century to the mid-twentieth. Formerly, physicians and reputable manufacturers argued that pharmaceutical patents prioritized profit over the advancement of medical science. Reputable manufactures refused to patent their goods and most physicians shunned patented products. However, moving into the early twentieth century, physicians and drug manufacturers grew increasingly comfortable with the idea of pharmaceutical patents. In 1912, for example, the American Medical Association dropped (...) the prohibition on physicians holding medical patents. Shifts in wider patenting cultures therefore transformed the ethical sensibilities of physicians. (shrink)

Samuel Thomson , a New Hampshire farmer, devised a form of medical treatment that became popular in the United States for about three decades to the middle of the nineteenth century. Thomson relied on steaming and botanical substances—mainly cayenne pepper and lobelia—to increase the body's temperature and restore health. He practiced on others, acquired a patent for his medicine, sold a “right” to others wishing to practice his methods, and formed the “Friendly Botanic Society.” In 1822 the first of many (...) editions of his New Guide to Health; or, Botanic Family Physician appeared, along with A Narrative of the Life and Medical Discoveries of Samuel Thomson. His practices were lucrative: even to buy the New Guide to Health at $2, a follower must already have purchased a right for $20. Going well beyond self‐help medicine, his publications also demanded reform in education, politics, religion, and attitudes to class and gender, among other spheres. Thomson's followers then produced their own books and journals, spreading Thomsonianism among reform‐minded Americans from North to South and into the Midwest.The People's Doctors, by John Haller, assumes that readers know this story and its context. The book opens not with Thomsonianism but with phrenology. A quotation from Daniel Drake, a prominent physician, seems then to herald a sophisticated study of this sect as an antiestablishment group of reformers. As Haller points out, such a study would be a prolegomenon to the later history explored in his three other books on American botanic medical practices. Instead, The People's Doctors primarily documents the development of Thomson's sect in three parts: “The Man and His Medicines,” “The Middle Years,” and “The Diaspora.” The central chronology is framed by two four‐page sections that introduce and explain Thomson's role in the history of American medicine. Ten appendixes present organizational records of Thomsonianism .Steeped in Thomsonian journals, this study demonstrates their richness for historical investigation. Thomson appears here in a gentler historical light than that of untutored lay healer; indeed, adopting modern terms, Haller portrays Samuel Thomson as a pioneer in the concept of a national prepaid health‐care plan . These journals also reveal the extent to which Thomsonianism was not monolithic, despite Samuel Thomson's bids to control both his medicines and his followers: by the late 1830s, “new light Thomsonians” emerged to pursue improvements on his original botanic medicines.Reliance on Thomsonian journals and Thomson's autobiography simultaneously leads to the adoption of the views of those studied. From the outset, for instance, the study refers to “Dr.” Thomson; it is some time before the uninformed reader learns that Thomson was not a doctor in the usual sense. The eventual split among followers is attributed in part to Thomson's having become “an angry old man” , drawn “deeper and deeper into petty quarrels,” who “seemed too opinionated” —despite evidence that, from an early age, Thomson had an unbridled urge for control exercised through lawsuits, defamation of character, and ostracism. More important, this reliance raises questions about context. The sect's publishing, organizing, and educational activities are not connected to the activities of mainstream medicine in the same period. Haller situates the sect historically only in his last section, “Reassessment,” but without citations; in fact, other studies on Thomsonianism are relegated mainly to the acknowledgments, with many excluded from the bibliography.A rich and potentially rewarding subject for social historians, Thomsonianism reflected intricately woven assumptions about reform issues in a turbulent period in American history. Haller has contributed an internal, organizational perspective on the sect that may aid future researchers. Yet while his observation that the “history of Thomsonism is illustrative of the divided soul of American sectarian medicine” may be true, we need a broad‐based, balanced history to be able to evaluate it. (shrink)

There has been some concern m recent years that economic interests in the biotechnology area could, particularly through patenting, have a constricting influence on scientific research. Despite this concern, there have been no studies of this phenomenon beyond isolated cases. In this article we examine the evolution of the biomedical field of hybridoma/monoclonal antibody research with detailed examples of the three types of patent claims that have emerged there—basic claims, claims on application techniques, and claims on specific antibodies. We analyze (...) the impact of these claims and their legal histories on the free flow of scientific information and, the activity of scientific researchers. We conclude that such patent claims present severe restrictions for both, not only in the monoclonal area but in general, amounting to a subtle but significant shift in the political economy of science and technology. (shrink)

An academic paper, like a good story, has a beginning, a middle, and an end. But they don’t have to be in that order. Instead of laying out reasonable assumptions, followed by a careful argument that arrives at a plausible finish, I will start with an implausible conclusion, then try to justify it. This order might diminish the theatrical effect, since there is no build up to a dramatic finale, but it gains in clarity of purpose. My conclusion is this: (...) We should eliminate all patents and other forms of intellectual property rights in medical research. All research should be publicly funded, all testing and analyses done by public agencies, and all research results publicly owned. Most countries in... (shrink)

I am grateful to Feeney and colleagues for their thoughtful engagement with, and application of, the normative analysis I developed concerning gene patents in Farrelly (2016). Their exploration of...

In this presentation, principles of ethics are confronted with the desire of the inventor to make a profit. To this end the presentation is focused on patent protection. Patents should guarantee the return of an inventor’s investment and profit and, on the other side, ensure availability — by patent disclosure — of the invention for the society when the patent terminates. Recent patent applications made by inventors are infringing this principle and societies are paying an unexpected price for these practices. (...) Patent claims are too broad and disclosures too poor. Extreme examples will be discussed. (shrink)

It is now some thirty years since the researches of John H. Fisher and Malcolm Richardson highlighted the importance of the records of the central government in the process of English-language “vernacularization” in early-fifteenth-century England. Their publication of the Anthology of Chancery English provided irrefutable evidence of a linguistic transition that overtook some key types of government records, which began to be drafted in English where previously they had been written in Anglo-Norman French and, to a lesser extent, Latin. But (...) while the existence of these early examples of “official” written English cannot be doubted, the forces that underlay this linguistic shift are less clear. From the very outset, doubts were expressed about the hypothesis advanced by Fisher and Richardson, that the spread of English in the records of the central government could be directly attributed to a “language policy” put into place by the Lancastrian regime and, in particular, to the personal initiative of Henry V, who made the momentous decision—from a linguistic point of view—to have his signet letters written in English rather than French in July 1417. But it is only more recently that a more detailed and robust criticism has been directed toward these ideas. In an article published in 2004, Michael Benskin rightly pointed out that the very term “Chancery English,” or “Chancery Standard,” as applied in the work of Fisher and Richardson is a misnomer, since only a minority of the documents contained within the Anthology were actually produced within the Chancery itself. He also questioned the extent to which the Chancery could be credited with an enlightened attitude toward written English, given that some of its most prestigious records—the close, patent, and statute rolls—continued to be written in Latin or French throughout the fifteenth century. (shrink)

The moral acceptability of intellectual property rights is often assessed by comparing them to central instances of rights to material property. Critics of intellectual ownership claim to have found significant differences. One of the dissimilarities pertains to the extent of the control intellectual property rights bestow on their holders over the material property of others. The main idea of the criticism of intellectual ownership built around that dissimilarity is that, in light of the comparison with material property rights, the power (...) is excessive. In this article, I assess this objection to intellectual property rights in connection with patents and copyrights. I maintain that it is implausible. (shrink)

In this note, we try to evaluate how effective the patent system is to foster innovation. We first develop the microeconomic reasoning underlying the legal protection of intellectual property. We then try to assess whether this legal protection does indeed fulfil its mission.We show that due to the difficulty of measuring innovative output, it is hard to reach any conclusive answer. We can at best provide a bundle of partial answers, which cast serious doubts on the necessity to strengthen patent (...) rights, but which provide no argument either for discarding the patent system altogether. (shrink)

Patents and free trade make strange bedfellows. For most of their history, patents have been instruments deployed to resist trade with other countries, not to enhance it. Whether one looks at Venetian laws that punished citizens who practiced local crafts outside the city, the Mercantilist uses to which patents were put in Elizabethan England, or the cartels of the 19th and 20th centuries created on a foundation of interlocking patent rights, patents have had a distinctly protectionist function. It is thus (...) ironic that it is intellectual property rights in general, and patents in particular, that have been held up in recent years as the poster child of much that is wrong with globalization and free trade. Nowhere is this more so than in debates concerning international human rights law and patents, in particular the position that patents violate an international right to health. (shrink)

It is obvious that every inventor should be rewarded for the intellectual effort, and at the same time be encouraged to successively improve his or her discovery and to work on subsequent innovations. Patents also ensure that patent owners are officially protected against intellectual piracy, but protection of intellectual property may be difficult to accomplish. Nevertheless, it all comes down to this basic question: Does a contradiction exist between medical ethics and the “Medical and Surgical Procedure Patents” system? It may (...) well turn out that medical-procedure patents can have a negative influence on the standard of medical care. Medical-method patents may also interfere with the physician-patient relationship. At present, physicians do not question the usefulness of patent protection for medicines, biotechnology, equipment and devices, but they strongly oppose it for surgical procedures. (shrink)

While society debates whether and how to use public funds to support work on human embryonic stem cells, many scientific groups and businesses debate a different question — the extent to which patents that cover such stem cells should be permitted to limit or to tax their research. The Wisconsin Alumni Research Foundation, a non-profit foundation that manages intellectual property generated by researchers at the University of Wisconsin at Madison, owns three patents that have been at the heart of the (...) latter controversy. The story of WARF’s patents and the controversy they have fostered highlights not only continuing tensions between proprietary and nonproprietary approaches to developing science and technology, but also an at least partly reassuring capacity of public and private sectors to deal with those tensions in a way that can render them substantially manageable, and frequently more manageable as a technology matures. (shrink)

As in other fields, scholarly publication in sociology is not only the key to career success but also the route by which feminist analyses and perspectives become known to others in the discipline. A growing literature has analyzed women's and men's rates of publication, but the gender politics of the prepublication production of research and gender differences in reputation building after publication remain underexplored. This report reviews the current state of knowledge about sociological publishing at three phases: prepublication, the publication-seeking (...) phase, and postpublication. It concludes with critical questions to be addressed in developing a comprehensive model of gender effects on sociological publishing. (shrink)

The commercialization of academic science has come to be understood as economically desirable for institutions, individual researchers, and the public. Not surprisingly, commercial activity, particularly that which results from patenting, appears to be producing changes in the standards used to evaluate scientists’ performance and contributions. In this context, concerns about a gender gap in patenting activity have arisen and some have argued for the need to encourage women to seek more patents. They believe that because academic advancement is mainly dependent (...) on productivity (Stuart and Ding in American Journal of Sociology 112:97–144, 2006 ; Azoulay et al. in Journal of Economic Behavior & Organization 63:599–623, 2007 ), differences in research output have the power to negatively impact women’s careers. Moreover, in the case of patenting activity, they claim that the gender gap also has the potential to negatively affect society. This is so because scientific and technological advancement and innovation play a crucial role in contemporary societies. Thus, women’s more limited involvement in the commercialization of science and technology can also be detrimental to innovation itself. Nevertheless, calls to encourage women to patent on grounds that such activity is likely to play a significant role in the betterment of both women’s careers and society seem to be based on two problematic assumptions: (1) that the methods to determine women’s productivity in patenting activities are an appropriate way to measure their research efforts and the impact of their work, and (2) that patenting, particularly in academia, benefits society. The purpose of this paper is to call into question these two assumptions. (shrink)

Whether, and to what degree, do patents granted on human genes cast a shadow of uncertainty over genomics and its applications? Will owners of patents on individual genes or clusters of genes sue those performing whole-genome analyses on human samples for patent infringement? These are related questions that have haunted molecular diagnostics companies and services, coloring scientific, clinical, and business decisions. Can the profusion of whole-genome analysis methods proceed without fear of patent infringement liability?Whole-genome sequencing is proceeding apace. Academic centers (...) have been performing whole-genome and -exome sequencing in research for at least five years, and academic clinical laboratories with national reach have been doing sequencing for clinical applications for almost as long. Companies have also been offering WGS and WES as a clinical service for a few years now. So far as we know, no one has been sued for infringement of “gene patents” for performing WGS. (shrink)