Who Owns You?: Science, Innovation, and the Gene Patent Wars

The 2nd Edition of Who Owns You, David Koepsell s widely acclaimed exploration of the philosophical and legal problems of patenting human genes, is updated to reflect the most recent changes to the cultural and legal climate relating to the practice of gene patenting. * Lays bare the theoretical assumptions that underpin the injustice of patents on unmodified genes * Makes a unique argument for a commons-by-necessity, explaining how parts of the universe are simply not susceptible to monopoly claims * Represents the only work that attempts to first define the nature of the genetic objects involved before any ethical conclusions are reached * Provides the most comprehensive accounting of the various lawsuits, legislative changes, and the public debate surrounding AMP v. Myriad, the most significant case regarding gene patents

Acknowledgments viii Preface to the Second Edition x Foreword xiv Introduction xxiv 1 Individual and Collective Rights in Genomic Data: Preliminary Issues 1 2 Ethics and Ontology: A Brief Discourse on Method 21 3 The Science of Genes 30 4 DNA, Species, Individuals, and Persons 52 5 Legal Dimensions in Gene Ownership 69 6 BRCA1 and 2: The Myriad Case and Beyond 88 7 Are Genes Intellectual Property? 101 8 DNA and The Commons 119 9 Pragmatic Considerations of Gene Ownership 137 10 Nature, Genes, and the Scientific Commons: A Social Ontology of Invention 155 11 So, Who Owns You? Some Conclusions About Genes, Property, and Personhood 165 Notes 182 Index 194