Accounting for Ethical Considerations in the Licensing of Patented Biotechnologies and Health-Related Technologies: A Justification.

Abstract

This chapter argues that for patented biotechnologies and health-technologies related to the human body, there needs to be far greater scrutiny over how ethical issues are considered at the patent licensing stage, both in terms of: (a) the potential for licensing clauses to be harnessed and used in a manner which complements other regulatory approaches to emerging technologies by discouraging ethically contentious uses of patented technologies via ethical licensing clauses, and (b) on the other hand, by countering the potential negative repercussions of how patent rights can be used in a manner that hinders access to technologies which could be ameliorated by using ethical access licensing clauses. It focuses on patented biotechnologies and health-technologies related to the human body as a case study because the rationale for considering ethical issues in the licensing of such patents is heightened due to the potential impacts for human health and life.

This is a pre-print and pre-copyedited draft version of a chapter, the final version is forthcoming as: Aisling McMahon, “Accounting for Ethical Considerations in the Licensing of Patented Biotechnologies and Health-Related Technologies: A Justification.” in Naomi Hawkins (eds), Patenting Biotechnological Innovation: Eligibility, Ethics and Public Interest. (Edward Elgar 2022).

Keywords: Patent; Ethical Licensing; Health-Technologies; Access to Health.