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Portrait of Ana Nordberg. Photo.

Ana Nordberg

Senior lecturer

Portrait of Ana Nordberg. Photo.

Balancing innovation, 'ordre public' and morality in human germline editing : A call for more nuanced approaches in patent law

Author

  • Duncan Matthews
  • Timo Minssen
  • Ana Nordberg

Summary, in English

This chapter analyses the role that 'ordre public' and morality exceptions can play in the granting of patents on inventions in the field of human germline editing and the consequences of this policy option. In order to provide the context for such an analysis, the chapter will, first, provide an overview of the current patent landscape for relevant genome editing technologies, drawing attention to recent patent disputes and, second, examine 'ordre public' and morality exceptions under patent law in international, national and regional law, and the implications for innovation and access to novel treatments. The chapter argues that patent exceptions should not be used as a blunt policy instrument, nor interpreted in a way that is contrary to the patent system's overall objectives. The 'ordre public' and morality based exceptions in the context of human germline editing should not be interpreted and applied in a way which results in outcomes counterproductive to the goal of balancing innovation with the protection of societal higher normative values. Instead, the application of the exception should be based on a sound understanding of both the underlying science as well as the broader ethical, social, and legal implications, thus enabling case-by-case decisions that provide the basis for patent claim amendments and nuanced purpose-bound protection. Further analysis and debate as to the role that such flexibilities can play in the context of genome editing technologies is therefore both necessary and desirable, and can be facilitated in the ways set out in this chapter.

Department/s

  • LU Profile Area: Human rights
  • Lund University Centre for Business Law (Swedish abbr: ACLU)
  • Human Rights Law
  • Health Law
  • Department of Law

Publishing year

2023-03-06

Language

English

Pages

241-267

Publication/Series

Governing, Protecting, and Regulating the Future of Genome Editing : The Significance of ELSPI Perspectives

Document type

Book chapter

Publisher

Brill

Topic

  • Law

Keywords

  • CRISPR
  • Genome editing
  • Genome editing governance
  • Law and ethics
  • Morality exception
  • Patent law

Status

Published

Research group

  • Lund University Centre for Business Law (Swedish abbr: ACLU)
  • Human Rights Law
  • Health Law

ISBN/ISSN/Other

  • ISBN: 9789004526082
  • ISBN: 9789004526136