Abstract

This dissertation is informed by the general project of applying ethics to intellectual property, and focuses on a matter of particular concern within the field of applied bioethics, in conjunction with business ethics. Ensuring access to life-saving medical treatments for those in need of them is of crucial contemporary relevance. This line of enquiry led me to a specific question, which provides a conceptual framework for this work. That question is the following: should patents on pharmaceuticals be prohibited or restricted in order to achieve that objective? ;To address that question, I use a very old and familiar example of a thought experiment, namely the Heinz dilemma, to make the case for paying attention to intellectual property issues. The Heinz dilemma is the focus of Chapter One. In Chapter Two, I endorse the application of mid-level principles in applied ethics. I elaborate on the mid-level principle of "economic efficiency" in Chapter Three, and then examine the "social responsibility of business" principle in Chapter Four. ;I recommend a relatively anti-theoretical approach to applying ethics to intellectual property issues. It is easier, I suggest, to appreciate the merits of such approaches if one first acquires an appreciation for the wonders and perplexities of intellectual property jurisprudence. To that end, Chapter Five contains background material on the particulars of intellectual property jurisprudence, especially patent law. In it, I contrast patents with trade secrecy protection, and briefly discuss compulsory licensing, stockpiling provisions, infringement exemptions. In Chapter Six, I survey the economic literature on patents and the debates over increased innovation as a desirable social goal. I propose several concepts---namely, technique, proportional property rights and the enhancement effect---which can contribute to a clearer understanding of what is at stake in the debates. ;The next three chapters, Seven to Nine, each deal with a different objection to patent protection in the context of biotechnology. Chapter Seven addresses the objections to bioprospecting. Chapter Eight deals with the objections to the increasing commercialization of medical research. Then Chapter Nine explicitly tackles the objections to unreasonable pricing practices, the ones so frequently charged against pharmaceutical patents, in particular. Lastly, I explore a range of policy options, alternatives to altering the scope or availability of patent protection, which may more effectively address the specific problem of ensuring access to innovative medical treatments