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Higher Life Forms

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Those whom are in favor of patentability of higher life forms are the inventors and organizations expending resources to create a valuable invention. Inventors rely on patent laws to recover the costs of research and development. The most persuasive and controversial argument against patentability of higher life forms are ethical. The Morality Doctrine in the E.U. mentions morality as the relation to the belief that some behavior is right and acceptable whereas other behavior is wrong, this belief founded on the totality of the accepted norms, which are deeply rooted in a particular culture (Campbell, 2007). Although the U.S. does not have a similar doctrine in place, the courts are left to decide what is ethical vs. unethical in terms of patentability. The Supreme Court’s gene patent decision makes patenting naturally occurring genes no longer patentable. Genes that are edited and not found in nature are patentable (National Geographic, 2013). Thus introducing the controversy of what genetic modifications and life forms are acceptable, thus leading to an argument to prevent genetic modifications to maintain an ethical …show more content…
In the case of Schmeiser a farmer in Saskatchewan sued by Monsanto, a manufacturing company of genetically modified lifeforms. The farmer noticed a new type of canola plant growing on his property. The seeds for the genetically modified Monsanto canola plant blew onto his farm and began to grow. The federal government became concerned with the vulnerability of innocent bystanders (Seibrasse, 2004). This might not be the most persuasive argument against the patentability of higher life forms but it should be discussed. When higher life forms begin to replicate using traditional methods and spread geographically. Those who encounter the life form and have no intention of deceit or fraudulent activity should not be liable for patent

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