Human Gene Patenting and Its Implications on Medical Research

P. Yu (ed.), Intellectual Property and Information Wealth (Praeger, Westport, Connecticut, London, 2007), pp 347-376.

University of Hong Kong Faculty of Law Research Paper No. 2019/022

33 Pages Posted: 22 Feb 2019 Last revised: 19 Apr 2019

See all articles by Yahong Li

Yahong Li

The University of Hong Kong - Faculty of Law

Date Written: 2007

Abstract

Due to the huge stakes in medical, pharmaceutical, and economic interests, human gene patenting has become the most controversial issues in biotechnology around the world. In the context of medical research, genome research has become the mainstay of the pharmaceutical industry because it provides the basic information for targeting new drugs and other treatments, and a patent is crucial for the successful commercialization of the new discoveries. However, opponents of gene patenting claim that gene patents have a negative impact on medical research. Whether the two sides’ conclusions have their merits deserves more in-depth analysis. It not only requires the economic evaluation of cost and benefits of gene patenting, but also needs legal analysis on whether human genes are qualified for patentability; and if so, whether they meet statutory criteria of novelty, non-obviousness, and utility. Furthermore, finding “low-cost practical solutions” to deal with the gene patenting controversies might be more constructive than mere opposing or supporting it.

Keywords: gene, patent, pharmaceutical, biotechnology

JEL Classification: K39

Suggested Citation

Li, Yahong, Human Gene Patenting and Its Implications on Medical Research (2007). P. Yu (ed.), Intellectual Property and Information Wealth (Praeger, Westport, Connecticut, London, 2007), pp 347-376.; University of Hong Kong Faculty of Law Research Paper No. 2019/022. Available at SSRN: https://ssrn.com/abstract=3329831

Yahong Li (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01260

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