Access to CRISPR Genome Editing Technologies: Patents, Human Rights and the Public Interest

Abstract

While detailed debates are underway about the scientific and ethical implications of genome editing, this paper argues that greater attention should be paid to the patent policy issues that these technologies raise. The paper argues that WTO Members need to consider urgently the implications of patenting genome editing inventions for human rights and the public interest, taking into account Article 27.2 of the TRIPS Agreement, which provides that Members may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ordre public or morality. Furthermore, while genome editing has great potential to transform healthcare and the wellbeing in society across a broad range of scientific fields, the granting of patent rights for these technologies will have profound implications for affordability and access, particularly for people living with chronic lifelong illnesses and for future generations not yet born who are at risk of inheriting preventable medical conditions from their parents. The paper argues that WTO Members need to consider carefully the impact of granting of genome editing patents, balancing the need to reward inventorship while at the same time having regard to implications for affordability, access and the enjoyment of fundamental human rights.