Patenting human genes: Chinese academic articles' portrayal of gene patents
Source PublicationBMC Medical Ethics
AbstractBackground: The patenting of human genes has been the subject of debate for decades. While China has gradually come to play an important role in the global genomics-based testing and treatment market, little is known about Chinese scholars' perspectives on patent protection for human genes. Methods: A content analysis of academic literature was conducted to identify Chinese scholars' concerns regarding gene patents, including benefits and risks of patenting human genes, attitudes that researchers hold towards gene patenting, and any legal and policy recommendations offered for the gene patent regime in China. Results: 57.2% of articles were written by law professors, but scholars from health sciences, liberal arts, and ethics also participated in discussions on gene patent issues. While discussions of benefits and risks were relatively balanced in the articles, 63.5% of the articles favored gene patenting in general and, of the articles (n = 41) that explored gene patents in the Chinese context, 90.2% supported patent protections for human genes in China. The patentability of human genes was discussed in 33 articles, and 75.8% of these articles reached the conclusion that human genes are patentable. Conclusion: Chinese scholars view the patent regime as an important legal tool to protect the interests of inventors and inventions as well as the genetic resources of China. As such, many scholars support a gene patent system in China. These attitudes towards gene patents remain unchanged following the court ruling in the Myriad case in 2013, but arguments have been raised about the scope of gene patents, in particular that the increasing numbers of gene patents may negatively impact public health in China.
KeywordChinese scholars Human gene patents Patentability
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Cited Times [WOS]:1   [WOS Record]     [Related Records in WOS]
Document TypeJournal article
CollectionUniversity of Macau
Corresponding AuthorDu,Li
Affiliation1.Faculty of Law,University of Macau,,Taipa,Macao
2.Centre for Biomedical Ethics,Fudan University,,Shanghai,China
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
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GB/T 7714
Du,Li. Patenting human genes: Chinese academic articles' portrayal of gene patents[J]. BMC Medical Ethics,2018,19(1).
APA Du,Li.(2018).Patenting human genes: Chinese academic articles' portrayal of gene patents.BMC Medical Ethics,19(1).
MLA Du,Li."Patenting human genes: Chinese academic articles' portrayal of gene patents".BMC Medical Ethics 19.1(2018).
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