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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 article 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 article 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 article 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 article.

Department/s

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

Publishing year

2022-10

Language

English

Pages

562-588

Publication/Series

European Journal of Health Law

Volume

29

Issue

3-5

Document type

Journal article

Publisher

Brill

Topic

  • Law

Keywords

  • Jurisprudence
  • Patent law
  • Genome editing
  • Genome editing governance
  • Genome editing patents
  • CRISPR-Cas
  • Law, technology & ethics
  • Morality exception
  • Allmän rättslära
  • Patentlag

Status

Published

Research group

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

ISBN/ISSN/Other

  • ISSN: 0929-0273