Using Copyrighted Materials Will Not Constitute An Act Of Infringement

To obtain a patent, the first requirement is that thing is in terms of “invention”, but not “discover”.

Dan W. Brock makes a few interesting points in defending genetic engineering, while being observant of the possible downfalls and negative views of the science. Brock starts of his commentary by addressing how the limits to our genes can not "confidently predict the rate at which that understanding [of genetic engineering] will be achieved in the future nor the ultimate limits on it" (pg. 615). Also, the author states how genetic engineering could help parents ensure their children the abilities to live healthy lives, create new treatments for disease, and produce stronger immune systems.

Michael Crichton makes a good point when talking about the examples given. The situation dealing with Canavan disease and the Miami Children's Hospital Research Institute is a good example of how gene patenting can block the general population from enjoying a medical advancement. Another example is when Crichton states, “When SARS was spreading across the globe, medical researchers hesitated to study it because of patent concerns” (442 par. 12). Gene patenting has a fundamental flaw in it because it is slowing the advancement of modern medicine. Gene patenting blocks researchers from looking into genes that companies own and demands royalties every time the patent is in use. This is a problem that the United States needs to address so that patients can enjoy all the medical advancements that are in reach for the future.

The altering of human genes could save lives. You could cure cystic fibrosis or alzheimer's. This would save the lives of many (Doc. 3). This technology could also give you children with specific traits of your choice. Also, this engineering can leave people painfree. This is not good because they can’t detect danger. As a plus side, scientists will eventually take the gene that causes this and help cure those with chronic long lasting pains (Doc. 2). This would make more people happy and healthy across the nation! Eventually we could go so far as to make a genetically engineered nation. As you can see, Genetic Engineering also could have a positive effect on

The Dr.’s view on gene patents is the halt they put on testing and studying of genes and current studies to find a major breakthrough for the disease. (441) It is not only fair to the researchers who spend their lives trying to develop a cure but also to the loved ones and

More than four thousand human genes are patented in the U.S, and the drug company Incyte based in Palo Alto, California calms two thousand of those genes (Lovgren). Gene patenting is a relatively new concept and a controversial one at that. Many scholars have very strong opinions on this topic. Two of these scholars being: Harvard graduate and novelist Michael Crichton and a former resident scholar at the American Enterprise Institute (AEI) and staff economist John E. Calfee. Both scholars have written extremely compelling essays on the topic. Crichton’s essay “Patenting Life”, gives an overview of his adverse opinion towards gene patenting and provides evidence to support his opinion. Former AEI scholar Calfee also provides his opinion on

A patent is defined as “a document issued by a government office which describes an invention and creates a legal situation in which the patented invention can normally only be exploited - manufactured, used, sold, imported - with the authorization of the owner of the patent” (World Intellectual Property Organization). Thus, a patent is a form of intellectual property. Patent infringement occurs when the defendant has violated this intellectual property, by making, using, selling, offering to sell, or importing an infringing invention or its equivalent. “For a court to find infringement, the plaintiff must show the presence of every element or its substantial equivalent in the accused device” (Wolverine World Wide, Inc. v. Nike, Inc., 38 F.3d 1192, 1199, Fed. Circ. 1994).

Gene patenting impedes the experimentation. It gives the person who owns the genes rights on the genome sequence from a time frame of about 17 to 20 years, people don't believe that it would hold up future research. For instance Myriad Genetics own gene variants, BRCA1 and BRCA2 which are associated to hereditary ovarian and breast cancer (they only own it to do tests and make discoveries for plausible future cures). This gives the corporation the privilege to make ground breaking discoveries that other genome companies can't, missing out on a potential paramount revelations on the acquired gene. Patented genes could possibly cause medical diagnosis delay. Companies who have exclusive power to assess, evaluate and research on that specific gene and if a patient has testing done on that same gene, a fragment of the gene must be sent to the company in order for it to be tested. Thus, causing a delay in the medical results. Monopolies between companies causing massive disputes against opposing competitors. The monopoly then can determine if other companies can get a hold of the gene or keep it for themselves. But other disputes about gene patenting is if a specific patented gene test that had some kind of diagnostics or therapy which was considered medically necessary, patients would have a no option but to procure those medications or testing

Genetic mutations either directly cause a disease such as Cystic fibrosis, or they contribute to it greatly for example Alzheimer's and the heart disease Cardiomyopathy. Genetic mutations can make our bodies more susceptible to attack from viruses or our own immune system. If genetic modification of human embryos does occur in the future these such diseases could and most probably will be made extinct. Another appealing benefit for genetic modification of human embryos is the fact that it can extend peoples life span. The genetic modification of human embryos will increase life span because people will not pass away from genetic mutations. It will also increase life span because we will be able to modify the different genetics of ageing.

This brings up another issue of whether the patenting of human genes is ethical. In 1997 the United Nations released an article stating that research on the human genome was improving health of the “individual and humankind as a hole ”, but it should also respect “human dignity, freedom and human rights as well as the prohibition of all forms of discrimination based on genetic characteristics. ”

First of all one reason genetic engineering on humans should develop is that we can learn more about the benefits it can do. According to (1) it states many people including scientists do not understand how genetic engineering even works and if they did science would expand rapidly. Genetic modification can change humans to what we want. If we learn what genetic modification can actually do it might possibly change the world.

One of the important positive effects of patenting genes is that they lead to advancement in medical research. There are many reasons why companies should patent genes. By patenting genes companies will be motivated to continue their research for new DNA sequences which means that new treatments and new vaccines will be created. Therefore, it also creates a competition between biotech companies and medical centers. Patenting genes develops a private industry in the medical field. The scientist that discovered specific types of genes could protect their rights. The private industry would increase medical research since their findings would be protected. Private companies would create a huge profit from the patented genes. It will later lead to great advancement in the medical field because companies can use their profits toward

While researching texts written about genes the most interesting topic that came up was human gene patenting. Gene patenting is the exclusive right to a specific sequence of DNA given by a government to the individual , organization or corporation who claims to have first identified the gene. Human gene patenting is one of hot topic in today’s world and it could have a major effect for generations to come. Gene patenting represents a contract between an inventor and society. The goal in this paper to explain some of the benefits and risks involved in gene patenting.

Copyright Law was invented to stop people from stealing other people's work, or ideas, and be punished for it. It helps protect others work, art, writing, videos, pictures, etc. Although, using someone else's work is not always considered copyright. There is the Fair Use Law, which states that people can use others work to comment on, criticize or do a parody of. And it is legal to use others work if it is for the use of teaching and learning. Copyrighting is also using a company's logo, like if your were to use McDonald's big M logo and not giving them credit for the picture. It is alright to use others work as a source, but you have to take that info and change it and put it in your words.

Copyright is a standout amongst the most vital piece of Intellectual Property Laws. World Intellectual Property Organization (WIPO) characterizes copyright as