Patents, Ethics and Stem Cell Research : The Case of hESC Innovation in Australia, Europe and the United States

Embryonic stem cells offer potentially a ground-breaking insight into health and diseases and are said to offer hope in discovering cures for many ailments unimaginable few years ago. Human embryonic stem cells are undifferentiated, immature cells that possess an amazing ability to develop into almost any body cell such as heart muscle, bone, nerve and blood cells and possibly even organs in due course. This remarkable feature, enabling embryonic stem cells to proliferate indefinitely in vitro (in a test tube), has branded them as a so-called miracle cure . Their potential use in clinical applications provides hope to many sufferers of debilitating and fatal medical conditions. However, the emergence of stem cell research has resulted in intense debates about its promises and dangers. On the one hand, advocates hail its potential, ranging from alleviating and even curing fatal and debilitating diseases such as Parkinson s, diabetes, heart ailments and so forth. On the other hand, opponents decry its dangers, drawing attention to the inherent risks of human embryo destruction, cloning for research purposes and reproductive cloning eventually. Lately, however, the policy battles surrounding human embryonic stem cell innovation have shifted from being a controversial research to scuffles within intellectual property rights. In fact, the ability to obtain patents represents a pivotal factor in the economic success or failure of this new biotechnology. Although, stem cell patents tend to more or less satisfy the standard patentability requirements, they also raise serious ethical and moral questions about the meaning of the exclusions on ethical or moral grounds as found in European and to an extent American and Australian patent laws. At present there is a sort of a calamity over human embryonic stem cell patents in Europe and to an extent in Australia and the United States. This in turn has created a sense of urgency to engage all relevant parties in the discourse on how best to approach patenting of this new form of scientific innovation. In essence, this should become a highly favoured patenting priority. To the contrary, stem cell innovation and its reliance on patent protection risk turmoil, uncertainty, confusion and even a halt on not only stem cell research but also further emerging biotechnology research and development. The patent system is premised upon the fundamental principle of balance which ought to ensure that the temporary monopoly awarded to the inventor equals that of the social benefit provided by the disclosure of the invention. Ensuring and maintaining this balance within the patent system when patenting human embryonic stem cells is of crucial contemporary relevance. Yet, the patenting of human embryonic stem cells raises some fundamental moral, social and legal questions. Overall, the present approach of patenting human embryonic stem cell related inventions is unsatisfactory and ineffective. This draws attention to a specific question which provides for a conceptual framework for this work. That question is the following: how can the investigated patent offices successfully deal with patentability of human embryonic stem cells? This in turn points at the thorny issue of application of the morality clause in this field. In particular, the interpretation of the exclusions on ethical or moral grounds as found in Australian, American and European legislative and judicial precedents. The Thesis seeks to compare laws and legal practices surrounding patentability of human embryonic stem cells in Australia and the United States with that of Europe. By using Europe as the primary case study for lessons and guidance, the central goal of the Thesis then becomes the determination of the type of solutions available to Europe with prospects to apply such to Australia and the United States. The Dissertation purports to define the ethical implications that arise with patenting human embryonic stem cells and intends to offer resolutions to the key ethical dilemmas surrounding patentability of human embryonic stem cells and other morally controversial biotechnology inventions. In particular, the Thesis goal is to propose a functional framework that may be used as a benchmark for an informed discussion on the solution to resolving ethical and legal tensions that come with patentability of human embryonic stem cells in Australian, American and European patent worlds. Key research questions that arise from these objectives and which continuously thread throughout the monograph are: 1. How do common law countries such as Australia and the United States approach and deal with patentability of human embryonic stem cells in their jurisdictions? These practices are then compared to the situation in Europe as represented by the United Kingdom (first two chapters), the Court of Justice of the European Union and the European Patent Office decisions (Chapter 3 onwards) in order to obtain a full picture of the present patenting procedures on the European soil. 2. How are ethical and moral considerations taken into account at patent offices investigated when assessing patentability of human embryonic stem cell related inventions? In order to assess this part, the Thesis evaluates how ethical issues that arise with patent applications are dealt with by: a) Legislative history of the modern patent system from its inception in 15th Century England to present day patent laws. b) Australian, American and European patent offices presently and in the past, including other relevant legal precedents on the subject matter. c) Normative ethical theories. d) The notion of human dignity used as the lowest common denominator for the interpretation of the European morality clause. 3. Given the existence of the morality clause in form of Article 6(1) of the Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions which corresponds to Article 53(a) European Patent Convention, a special emphasis is put on Europe as a guiding principle for Australia and the United States. Any room for improvement of the European morality clause and Europe s current manner of evaluating ethical tensions surrounding human embryonic stem cell inventions is examined. 4. A summary of options (as represented by Australia, the United States and Europe) available as a basis for the optimal examination procedure of human embryonic stem cell inventions is depicted, whereas the best of such alternatives is deduced in order to create a benchmark framework. This framework is then utilised on and promoted as a tool to assist Europe (as represented by the European Patent Office) in examining human embryonic stem cell patent applications. This method suggests a possibility of implementing an institution solution. 5. Ultimately, a question of whether such reformed European patent system can be used as a founding stone for a potential patent reform in Australia and the United States when examining human embryonic stem cells or other morally controversial inventions is surveyed. The author wishes to emphasise that the guiding thought while carrying out this work is to convey the significance of identifying, analysing and clarifying the ethical tensions surrounding patenting human embryonic stem cells and ultimately present a solution that adequately assesses patentability of human embryonic stem cell inventions and related biotechnologies. In answering the key questions above, the Thesis strives to contribute to the broader stem cell debate about how and to which extent ethical and social positions should be integrated into the patenting procedure in pluralistic and morally divided democracies of Europe and subsequently Australia and the United States.

Is The Burden of Medical Education Affecting Ethics of Medical Treatment?

A substantial number of medical students in India have to bear an enormous financial burden for earning a bachelor's degree in medicine referred to as MBBS (bachelor of medicine and bachelor of surgery). This degree program lasts for four and one-half years followed by one year of internship. A postgraduate degree, such as MD, has to be pursued separately on completion of a MBBS. Every medical college in India is part of a hospital where the medical students get clinical exposure during the course of their study. All or at least a number of medical colleges in a given state are affiliated to a university that mainly plays a role of an overseeing authority. The medical colleges usually have no official interaction with other disciplines of education such as science and engineering, perhaps because of their independent location and absence of emphasis on medical research. However, many of the medical colleges are adept in imparting high-quality and sound training in medical practices including diagnostics and treatment. The medical colleges in India are generally of two types, i.e., government owned and private. Since only a limited number of seats are available across India in the former category of colleges, only a small fraction of aspiring candidates can find admission in these colleges after performing competitively in the relevant entrance tests. A major advantage of studying in these colleges is the nominal tuition fees that have to be paid. On the other hand, a large majority of would-be medical graduates have to seek admission in the privately run medical institutes in which the tuition and other related fees can be mind boggling when compared to their public counterparts. Except for candidates of exceptionally affluent background, the only alternative for fulfilling the dream of becoming a doctor is by financing one's study through hefty bank loans that may take years to pay back. It is often heard from patients that they are asked by doctors to undergo a plethora of diagnostic tests for apparently minor illnesses, which may financially benefit those prescribing the tests. The present paper attempts to throw light on the extent of disparity in cost of a medical education between state-funded and privately managed medical colleges in India; the average salary of a new medical graduate, which is often ridiculously low when compared to what is offered in entry-level engineering and business jobs; and the possible repercussions of this apparently unjust economic situation regarding the exploitation of patients.

The question of ethical decision in marketing and ethics

Resumen: Mientras que el marketing está asociado con prácticas negativas que involucran la explotación y la deshonestidad, Anton Jamnik afirma la necesidad de crear una teoría ética para éste. El artículo intenta brindar, por un lado, un breve bosquejo de las principales corrientes de la literatura de la ética del marketing y, por otro, participar de su desarrollo. El autor analiza los desafíos éticos que sur girán en el futuro, provenientes de tres fuentes distintas: las innovaciones tecnológicas, la influencia de la competencia global y la expansión de las actividades de mercado en áreas no tradicionales. Esto requerirá el desarrollo de una ética normativa realista. Para concluir, explica que la ética del marketing debería analizar hasta qué punto ha sido exitosa a la hora de resolver los desafíos éticos del mundo actual.

Locating Business Ethics within Catholic Social Though

Resumen: El artículo describe las características principales del documento pontificio La vocación del líder empresarial: una reflexión, destacando su génesis y sus objetivos. Sin embargo, presenta también las debilidades que encuentra en el texto. En primer lugar, el autor critica el modo en que se tratan las cuestiones laborales, especialmente la falta de referencias a la noción de “empleador indirecto” de Juan Pablo II. Luego, postula que el documento tampoco presenta el problema de la organización del trabajo, tema que fue tratado tanto por el Papa Pío XI como por Juan Pablo II. Por otra parte, aclara que el documento hace referencia al derecho a un salario justo pero no aporta ideas acerca del modo en que debería articularse la relación entre los propietarios de la empresa y los trabajadores. Finalmente, el autor sostiene que el documento omite el problema del lobbying que tanto afecta a la moral del mercado

Ethics and Foreign Policy: The Antinomies of New Labour's 'Third Way' in Sub-Saharan Africa

Abrahamsen, Rita, Williams, Paul, 'Ethics and Foreign Policy: The Antinomies of New Labour's 'Third Way' in Sub-Saharan Africa', Political Studies (2002) 49(2) pp.249-264 RAE2008

The Poetics of the Limit : Ethics and Politics in Modern and Contemporary American Poetry

Woods, Timothy, The Poetics of the Limit (New York: Palgrave Macmillan, 2003) RAE2008

Troublesome Amateurs: Theatre, ethics and the labour of mimesis

Kear, A. 'Troublesome Amateurs: Theatre, ethics and the labour of mimesis', Performance Research (2005) 10 (1), 26-46 RAE2008

Waterworks and commemoration: purity, rurality, and civic identity in Britain, 1880-1921

Roberts, Owen, 'Waterworks and commemoration: purity, rurality, and civic identity in Britain, 1880-1921', Continuity and Change (2007) 22(2) pp.305-325 RAE2008

Metaphorizing the Holocaust: The Ethics for Comparison

This paper focuses on the ethics of metaphor and other forms of comparison that invoke National Socialism and the Holocaust. It seeks to answer the question: Are there criteria on the basis of which we can judge whether metaphors and associated tropes “use” the Holocaust appropriately? In analyzing the thrust and workings of such comparisons, the paper also seeks to identify and clarify the terminology and concepts that allow productive discussion. In line with its conception of metaphor that is also rhetorical praxis, the paper focuses on specific controversies involving the metaphorization of the Holocaust, primarily in Germany and Austria. The paper develops its argument through the following process. First, it examines the rhetorical/political contexts in which claims of the Holocaust’s comparability (or incomparability) have been raised. Second, it presents a review (and view) of the nature of metaphor, metonymy, and synecdoche. It applies this framework to (a) comparisons of Saddam Hussein with Hitler in Germany in 1991; (b) the controversies surrounding the 2004 poster exhibition “The Holocaust on Your Plate” in Germany and Austria, with particular emphasis on the arguments and decisions in cases before the courts in those countries; and (c) the invocation of “Auschwitz” as metonym and synecdoche. These examples provide the basis for a discussion of the ethics of comparison. In its third and final section the paper argues that metaphor is by nature duplicitous, but that ethical practice involving Holocaust comparisons is possible if one is self-aware and sensitive to the necessity of seeing the “other” as oneself. The ethical framework proposed by the paper provides the basis for evaluationg the specific cases adduced.

Bowling Together: Congregations and the American Civic Order

Arizona State University Annual Religion Lecture: 1996

Ethics of war / by al-Hajj Khwaja Kamal-ud-din.

http://www.archive.org/details/ethicsofwarbyalh00kamauoft

Ubuntu, Jesus, and Earth: Integrating African Religion and Christianity in Ecological Ethics

Africa faces problems of ecological devastation caused by economic exploitation, rapid population growth, and poverty. Capitalism, residual colonialism, and corruption undermine Africa's efforts to forge a better future. The dissertation describes how in Africa the mounting ecological crisis has religious, political, and economic roots that enable and promote social and environmental harm. It presents the thesis that religious traditions, including their ethical expressions, can effectively address the crisis, ameliorate its impacts, and advocate for social and environmental betterment, now and in the future. First, it examines African traditional religion and Christian teaching, which together provide the foundation for African Christianity. Critical examination of both religious worldviews uncovers their complementary emphases on human responsibility toward planet Earth and future generations. Second, an analysis of the Gwembe Tonga of Chief Simamba explores the interconnectedness of all elements of the universe in African cosmologies. In Africa, an interdependent, participatory relationship exists between the world of animals, the world of humans, and the Creator. In discussing the annual lwiindi (rain calling) ceremony of Simamba, the study explores ecological overtones of African religions. Such rituals illustrate the involvement of ancestors and high gods in maintaining ecological integrity. Third, the foundation of the African morality of abundant life is explored. Across Sub-Saharan Africa, ancestors' teachings are the foundation of morality; ancestors are guardians of the land. A complementary teaching that Christ is the ecological ancestor of all life can direct ethical responses to the ecological crisis. Fourth, the eco-social implications of ubuntu (what it means to be fully human) are examined. Some aspects of ubuntu are criticized in light of economic inequalities and corruption in Africa. However, ubuntu can be transformed to advocate for eco-social liberation. Fifth, the study recognizes that in some cases conflicts exist between ecological values and religious teachings. This conflict is examined in terms of the contrast between awareness of socioeconomic problems caused by population growth, on the one hand, and advocacy of a traditional African morality of abundant children, on the other hand. A change in the latter religious view is needed since overpopulation threatens sustainable living and the future of Earth. The dissertation concludes that the identification of Jesus with African ancestors and theological recognition of Jesus as the ecological ancestor, woven together with ubuntu, an ethic of interconnectedness, should characterize African consciousness and promote resolution of the socio-ecological crisis.

Towards Eco-Dharma: The Contribution of Gandhian Thought to Ecological Ethics in India

Ecological concern prompts poor and indigenous people of India to consider how a society can ensure both protection of nature and their rightful claim for a just and sustainable future. Previous discussions defended the environment while ignoring the struggles of the poor for sustenance and their religious traditions and ethical values. Mohandas Karamchand Gandhi addressed similar socio-ecological concerns by adopting and adapting traditional religious and ethical notions to develop strategies for constructive, engaged resistance. The dissertation research and analysis verifies the continued relevance of the Gandhian understanding of dharma (ethics) in contemporary India as a basis for developing eco-dharma (eco-ethics) to link closely development, ecology, and religious values. The method of this study is interpretive, analytical, and critical. Françoise Houtart’s social analytical method is used to make visible and to suggest how to overcome social tensions from the perspective of marginalized and exploited peoples in India. The Indian government's development initiatives create a nexus between the eco-crisis and economic injustice, and communities’ responses. The Chipko movement seeks to protect the Himalayan forests from commercial logging. The Narmada Bachao Andolan strives to preserve the Narmada River and its forests and communities, where dam construction causes displacement. The use of Gandhian approaches by these movements provides a framework for integrating ecological concerns with people's struggles for survival. For Gandhi, dharma is a harmony of satya (truth), ahimsa (nonviolence), and sarvodaya (welfare of all). Eco-dharma is an integral, communitarian, and ecologically sensitive ethical paradigm. The study demonstrates that the Gandhian notion of dharma, implemented through nonviolent satyagraha (firmness in promoting truth), can direct community action that promotes responsible economic structures and the well-being of the biotic community and the environment. Eco-dharma calls for solidarity, constructive resistance, and ecologically and economically viable communities. The dissertation recommends that for a sustainable future, India must combine indigenous, appropriate, and small- or medium-scale industries as an alternative model of development in order to help reduce systemic poverty while enhancing ecological well-being.