Patents on Life: Okediji on International Regulation of Access to Genetic Resources

University of Minnesota law professor Ruth Okediji presented on the protection of genetic resources and its Judeo-Christian justifications: dominion, stewardship, and reward.  Other theories of IP have strengths but also shortcomings: utilitarianism (tends to ignore obligation to steward creative gifts), natural law/continental approaches (tend to ignore the source of creativity), user rights (tend to ignore accountability), and human rights (tend to marginalize command to exercise dominion and can de-value moral basis of reward). She believes that patent system is consistent with biblical precepts, but patent system is not a God-given institution; patents are a tool.  Sovereign countries have the mandate and obligation to regulate, use, and steward natural resources.

An international legal framework to regulate access to and use of genetic resources is morally and ethically required.  Historically, genetic resources were not patentable because they didn't involve human ingenuity and owe their source to no human.  (But isn't this true of all innovation? At what level of abstraction do we draw the line between what is of man and what is of God?)  The phenomenon of biopiracy -- i.e., patenting inventions derived from genetic resources and/or traditional knowledge without compensation to the country that is home to those resources/knowledge -- is creating additional pressure to protect these resources.  We don't yet have answers given the multiplicity of stakeholders and interests.  Given the stalemate on the international front, we may need to consider relying more on national law and encourage less developed countries to invest more in IP systems and institutions. We may need to reconsider the role of international institutions as the appropriate fora for the debate.