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The Patenting Of Human DNA
Paper given at Are Genes Us?, The Annual Conference of
the Society for Applied Philosophy, May 2000
This
presentation led to the following publication:
Miah,
A. (2003) Patenting Human DNA, in B. Almond and M. Parker
(Eds)
Ethical Issues in the New Genetics: Are genes us?, Aldershot,
Ashgate, pp.111-117.
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The
recent activities of the American company, Celera Genomics,
to obtain patent rights on aspects of the human genome brings
into focus whether life, indeed human life, should belong
to anyone or anybody. The question of DNA ownership has
not been neglected within bioethics and biolaw. Central
to these concerns are the implications such patenting has
for the development of scientific research and the, supposedly,
vulgar franchising (and likely exploitation) of human body
parts. However, it remains unclear to what degree the patenting
of DNA does actually count as owning life. Furthermore,
it begs the question as to what is the moral significance
of owning such material and to what degree one’s identity
is comprised by one’s genetic heritage. That a blueprint
of the human genome could tell us anything about a particular
individual does not seem, necessarily, problematic. Yet,
how such information is used and made available to interested
parties does have implications that are morally questionable.
Ought, for example, the owners of particular aspects of
the human genome, be entitled to sell this to research companies
seeking such noble ambitions as vaccines for diseases? Of
course, integral to the distaste about patenting life, is
the prospect of trading human life – the vulgarity
of combining money and human dignity. Evidence of such dislike
has appeared most recently from the emergence of the ronsangels.com
website, a company set up for the auctioning of eggs belonging
to female models (starting bids between $15,000 and 150,000
U.S. dollars). Though limited in choice of stock, this pioneering
genetic supermarket argues that it is simply seeking to
promote choice, providing the opportunity to purchase the
contemporary social asset of beauty (and, more legitimately,
health). From here, one begins to recognise the manufactured
future of the human species, with the next line of products
being the genes of athletes or professors (recent news headlines
reveal infertility couples seeking the eggs of Oxbridge
students). Condemned by infertility groups world wide, of
all the applications of genetic technologies, this practice
seems unequivocally repulsive for the simple reason that
it has the effect of enforcing the values of one generation
onto another, thus stalling social change. From a legal
position, whether the human genome should belong to anyone
requires one to take a position on whether new life is seen
as invention or discovery. However, whether the patenting
of life is actually perceived as compromising one’s
personal identity is a very different question requiring
a quite different perspective. That human DNA might belong
to a company within the United States, or to anyone for
that matter, seems acceptable, though does not mean allowing
organisations to propagate this ownership to do as they
wish with these findings and monopolise this knowledge.
Neither does owing the patent to human DNA mean that any
individual is owned by another.
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art&design // bioethics // china // cyberculture // ethics // law // medicine // olympics // outer space // politics // public engagement with science // science // sport // technology

Miah, A. (2008, Oct) 17 Days in Beiing, Centre for Olympic Studies, Barcelona.
Miah, A. (2008, Aug 3) Enhance Athletes: It's Only Natural, Washington Post.
Miah, A. (2008, July 31) Inside the Mind of a Marathon man, Nature, 454, 583-4.
Miah, A. (2008) Paralympics 2.0, Bioethics Forum, The Hastings Center.
Miah, A. (2008) Letter to Utopia: A Reply to Bostrom, Studies in Ethics, Law and Technology, 2(1).
Miah, A. (2008) Engineering Greater Resilience or Radical Transhuman Enhancement, Studies in Ethics, Law and Technology, 2(1).

Liverpool, UK i (30 Oct, 2008)
Book launch: Human Futures, and BBC Radio 3 Free Thinking Festival.
London, UK i (14 Oct, 2008)
BioCentre 2008 series: "People Power for the Third Millennium: Technology, Democracy and Human Rights, Symposoium on "Arts and Technology: the role of the arts in democratic policy making".
Glasgow, Scotland i (30 Sept, 2008)
Our Cultural & Moral Commitment to Discover, Create, and Support New Life Forms, for LESS REMOTE: The Futures of Space Exploration: an Arts & Humanities Symposium, International Astronautical Congress, SEC, Glasgow, Scotland [abstract]
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Miah, A. (2008) Human Futures: Art in an Age of Uncertainty, FACT & Liverpool University Press.
Miah, A. (2008) Justifying Human Enhancement: The Accumulation of Biocultural Capital. In: Wint, S. Ethical Futures. The Royal Society for the Encouragement of the Arts (RSA), London.
Miah, A. (2008) Playing Games with Artificial Intelligence. Hale, B. (Ed) Philosophy Looks at Chess . Open Court Press.
Miah, A. (2008). Posthumanism: A Critical History. In Gordijn, B. & Chadwick, R. 'Medical Enhancements and Posthumanity. Springer.
Miah, A. (2008) 'Blessed are the Forgetful': The Ethics of Memory Modification in Eternal Sunshine of the Spotless Mind. In Shapshay, S. (Ed) Bioethics Through Film, Johns Hopkins University Press.
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Stein, D.J. (2008) Philosophy of Psychopharmacology. Cambridge: Cambridge University Press, p.118.
More, P. (2008) Enhancing Me: The Hope and the Hype of Human Enhancement. John Wiley & Sons, p.249.
Christian Lenk, Nils Hoppe & Roberto Andorno (2007) Ethics and Law of Intellectual Property: Current Problems in Politics, Science and Technology (Applied Legal Philosophy), Ashgate, p.84.
Zwart, N. H. (2007). "Genomics and self-knowledge: implications for societal research and debate." New Genetics and Society 26(2): 181-202.
Mitchell, C. B., E. D. Pellegrino, et al. (2007). Biotechnology and the Human Good. Washington, DC., Georgetown University Press.
Peters, H. P., J. T. Lang, et al. (2007). "Culture and Technological Innovation: Impact of Institutional Trust and Appreciation of Nature on Attitudes towards Food Biotechnology in the USA and Germany." International Journal of Public Opinion Research 19(2): 191-220.
House of Commons Select Committee, Science And Technology (2007) Report on Human Enhancement Technologies in Sport.
Koolstra CM, Bos MJW, Vermeulen IE. Through which medium should science information professionals communicate with the public: television or the internet? Journal of Science Communication 2006;5(3):1-8.

Oct, 2008
The Independent, Visionaries feature
Aug, 2008
ITN News,
The Telegraph,
Evening Standard,
Washington Post,
May, 2008
The technological enhancement of man, Danish Broadcasting Corporation
April, 2008
Evening Standard
Beijing 2008 Olympics and Protest
March, 2008
The Sports Factor, ABC Radio, Blogging at the Beijing Olympics
Feb, 2008
ESPN Magazine.
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London, UK i (14 Oct, 2008)
BioCentre 2008 series: "People Power for the Third Millennium: Technology, Democracy and Human Rights, Symposoium on "Arts and Technology: the role of the arts in democratic policy making". |
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Glasgow, Scotland i (30 Sept, 2008)
Our Cultural & Moral Commitment to Discover, Create, and Support New Life Forms, for LESS REMOTE: The Futures of Space Exploration: an Arts & Humanities Symposium, International Astronautical Congress, SEC, Glasgow, Scotland [abstract] |
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Oxford, Scotland i (29 Sept, 2008)
Workshop on Innovative Media for the Digital Economy, Oxford E-Research Centre, Oxford University |
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Beijing, China c (5 Aug, 2008)
Chair and Speaker for panel symposium on Emergent Journalistic Cultures at the Olympics [outline] |
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Olympia, Greece i (20 July, 2008)
Supervising Professor, International Olympic Acadmy 16th Postgraduate Seminar [Lecture Outlines]. |
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Leeds, UK c (16 July, 2008)
Ambush Media: Journalistic Freedom & Media Politics at the Beijing Olympics, Olympic Politics and Protest, Leeds Metropolitan University [abstract]. |
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London, UK ia (4 July, 2008)
Research Cluster on Innovative Media for a Digital Economy: Health Industries Workshop, British Medical Association House. |
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Liverpool, UK i (July, 2008)
Keynote, Body & Economy, London 2012 Cultural Olympiad, FACT. |
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Chicago , USA ia (Jun, 2008)
2016 Olympic Bid conference, the contribution of the arts. |
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