From Engagement to Re-Engagement: The Expression of Moral Values in European Patent Proceedings, Present and Future

36 Pages Posted: 24 Oct 2011

See all articles by Shawn H. E. Harmon

Shawn H. E. Harmon

University of Edinburgh - Technology Regulation Research Unit; University of Edinburgh - The J Kenyon Mason Institute for Medicine, Life Science and the Law (MI),; Medical Law International

Date Written: October 23, 2011

Abstract

In the regulation of new technologies, publics are often left questioning the value of their contribution to the final regulatory content, or feeling excluded from the regulation-making loop altogether. Dissatisfaction with upstream participation naturally results in stakeholders looking further downstream for influence. In the biotechnology arena, patent proceedings represent a participatory tool for stakeholders who may have been left out of or failed to achieve their goals upstream. Although they may have a reduced capability for shifting paradigms or shaping policy formulation, downstream expressions of values can be lively, and the acceptance or rejection of stakeholder positions by downstream regulators can be of great significance. Here the use of the morality provision in EPO proceedings is contrasted as between earlier and more recent decisions. It suggests which values have been given expression in this forum, how they have changed over time and how a wider pool of values might be incorporated into the existing system.

Keywords: Health research, stem cells, governance, engagement, participation, patents, bioethics, values, solidarity, WARF, Edinburgh

Suggested Citation

Harmon, Shawn H. E., From Engagement to Re-Engagement: The Expression of Moral Values in European Patent Proceedings, Present and Future (October 23, 2011). University of Edinburgh School of Law Working Paper. Available at SSRN: https://ssrn.com/abstract=1948093 or http://dx.doi.org/10.2139/ssrn.1948093

Shawn H. E. Harmon (Contact Author)

University of Edinburgh - Technology Regulation Research Unit ( email )

Edinburgh
United Kingdom

University of Edinburgh - The J Kenyon Mason Institute for Medicine, Life Science and the Law (MI), ( email )

Old College South Bridge
Edinburgh, EH8 9YL
United Kingdom

Medical Law International ( email )

Edinburgh
United Kingdom

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