Any system for the protection of intellectual property rights (IPRs) has three main kinds of distributive effects. It will determine or influence: (a) the types of objects that will be developed and for which IPRs will be sought; (b) the differential access various people will have to these objects; and (c) the distribution of the IPRs themselves among various actors. What this means to the area of pharmaceutical research is that many urgently needed medicines will not be developed at all, (...) that the existing medicines will not be suitable for countries with a precarious health infrastructure or not target the disease variety that is prevalent in poorer regions. Such effects are commonly captured under the rubric of the “10/90 gap” in biomedical research. High prices will also restrict access to medicines as well endanger compliance to treatment schemes. IPRs are mainly held by multinational corporations situated in the developed world, which not only raises egalitarian concerns, but also severely limits the possibilities of companies in poorer countries to realize improvements on existing inventions, as they cannot financially afford to secure freedom to operate, which systematically shrinks the number of potential innovators. Those inequities lead to an enormous burden for the global poor and since no institution is willing to assume the responsibility to fulfil the right to health and the corresponding right of access to essential medicines, we have to analyse alternatives or additions to the actual intellectual property regimes in order to create new incentives to fill this gap. (shrink)

With the turning of wilderness areas into wildlife parks and the returning of developed areas of land to the forces of nature, intermediate hybrid realms surface in which wild and managed nature become increasingly entangled. A partitioning of environmental philosophy into ecoethics and animal welfare ethics leaves these mixed territories relatively uncharted—the first dealing with wild (animals), the second with the welfare of captive or domestic animals. In this article, we explore an environmental philosophy that considers explicitly these mixed situations. (...) We examine a recent Dutch policy of introducing domesticated and semi-wild large herbivores in newly developed nature areas. Larger issues are at stake, such as the intertwinement of nature and culture, the dynamic character of de-domestication processes, and the relation between concepts of authenticity and the wild. We sketch a pluralistic, dynamic, and pragmatic environmental philosophy that is capable of dealing with the complicated ethicalproblems concerning creatures and land caught between domestication and the wild. (shrink)

One of the most attractive, but nevertheless highly controversial proposals to alleviate the negative effects of today’s international patent regime is the Health Impact Fund (HIF). Although the HIF has been drafted to facilitate access to medicines and boost pharmaceutical research, we have analysed the burdens for the global poor a similar proposal designed to promote the use and development of climate-friendly technologies would have. Drawing parallels from the access to medicines debate, we suspect that an analogous “Climate Impact Fund” (...) will increase the already very high scientific and technological supremacy of the developed world over the Global South. We advocate countering this dominance on the ground that countries with scarce research and development capacities will be in a difficult position to reject technologies and will not have a say on how such technologies should look like. Further, addressing global hazards should be an inclusive endeavour and not only a privilege reserved for the developed world. Incentivizing grassroots innovation would be a major step to promote scientific and technological inclusion. (shrink)

A central question in constructivist studies of science is how the analyst should deal with the material objects handled by scientific practitioners in laboratories. Representatives of ‘radical constructivism’ such as Knorr-Cetina and Latour have gone furthest in exploring the role of these ‘non-humans’ but have also maneuvered themselves in untenable positions due to a fatal conflation of different meanings of the term ‘construction’. The epistemological and ontological commitments of ‘moderate constructivism’ especially of the Strong Program defended by Barnes and Bloor, (...) are more suitable for dealing with the task at hand. While radical constructivists treat the domains of nature and human society as largely coterminous, an alternative ontology stresses that natural reality is never fully absorbed into the world of culture but only interacts with the latter at localizable interfaces such as practices and artifacts. This perspective promises a more relaxed relationship with current forms of scientific realism. (shrink)

International negotiations on anthropogenic climate change are far from running smoothly. Opinions are deeply divided on what are the respective responsibilities of developed and developing countries with regard to the reduction of greenhouse gas emissions and the alleviation of the negative effects of global warming. A major bone of contention concerns the role of intellectual property rights (especially patents) in the development and diffusion of climate-friendly technologies. While developing countries consider IPRs as a formidable barrier to the rapid transfer and (...) the widest possible diffusion of such technologies, developed countries, by contrast, see IPRs as a vital prerequisite for the development and transfer of these same technologies. This debate shows some similarity with the earlier debate on patents and access to lifesaving medicines, although there are also important differences. In our contribution we will explore both the analogies and the differences with this earlier debate. To provide a focus for our discussion, we will examine whether something similar to the Health Impact Fund (HIF), which has been proposed by philosopher Thomas Pogge as a reasonable solution to the ethical dilemmas of protection and accessibility in the field of pharmaceuticals, can also be elaborated for the development and diffusion of climate-friendly technologies. Thus the central question is how an analogous ‘Climate Impact Fund’ would look like and how it would work. This whole exercise will also yield a normative yardstick for assessing the various designs for a Green Climate Fund or a Technology Mechanism that are currently on the table of the international climate negotiations. (shrink)

Review of Joke J. Hermsen. 2022. A Good & Dignified Life: The Political Advice of Hannah Arendt & Rosa Luxemburg (translated from the Dutch by Brendan Monaghan). New Haven & London: Yale University Press.

In 1905 two different microbes were proposed to fill the vacant role of etiologic agent for syphilis, one, the Cytorrhyctes luis, by John Siegel, the other, Spirochaeta pallida, by Fritz Schaudinn. After gathering and reviewing the evidence the majority of medical scientists decided in favor of Schaudinn's candidate. In a previous issue Jean Lindenmann challenged Ludwik Fleck's suggestion that under suitable social conditions Siegel's candidate could just as well have won acceptance by the scientific community (). To refute this counterfactual (...) thesis, Lindenmann presented an asymmetric account of the dispute over the etiology of syphilis. He adopted the view of the proponents that Schaudinn's spirochete had already been there in syphilitic lesions for centuries, only awaiting the discovery of an appropriate staining technique to be revealed. Here a more symmetric analysis of the episode will be attempted, paying serious attention to the arguments put forward by the spirochete's opponents, who expatiated on the many possibilities of inadvertently creating artifacts through microscopic preparation and staining. The symmetric account that is presented in this rejoinder thus aims to trace the simultaneous construction of facts and artifacts. It will not, however, resurrect Fleck's counterfactual thesis. (shrink)

In Het kapitaal beschreef Karl Marx in uiterst schrille kleuren de voorgeschiedenis van de kapitalistische productiewijze. Het was een langdurig proces dat zich over eeuwen uitstrekte en waarbij kleine boeren op gewelddadige wijze van hun primaire productiemiddel, de grond, werden gescheiden en aldus in 'vrije' loonarbeiders veranderd. De kern van dit proces was de privatisering van de meent of commons, de traditioneel voor gemeenschappelijk gebruik bestemde grond.

In 1905 two different microbes were proposed to fill the vacant role of etiologic agent for syphilis, one, the Cytorrhyctes luis, by John Siegel, the other, Spirochaeta pallida, by Fritz Schaudinn. After gathering and reviewing the evidence the majority of medical scientists decided in favor of Schaudinn’s candidate. In a previous issue Jean Lindenmann challenged Ludwik Fleck’s suggestion that under suitable social conditions Siegel’s candidate could just as well have won acceptance by the scientific community . To refute this counterfactual (...) thesis, Lindenmann presented an asymmetric account of the dispute over the etiology of syphilis. He adopted the view of the proponents that Schaudinn’s spirochete had already been there in syphilitic lesions for centuries, only awaiting the discovery of an appropriate staining technique to be revealed. Here a more symmetric analysis of the episode will be attempted, paying serious attention to the arguments put forward by the spirochete’s opponents, who expatiated on the many possibilities of inadvertently creating artifacts through microscopic preparation and staining. The symmetric account that is presented in this rejoinder thus aims to trace the simultaneous construction of facts and artifacts. It will not, however, resurrect Fleck’s counterfactual thesis. (shrink)

So-called climate-ready GM crops can be of great help in adapting to a changing climate. Climate change, caused in great part by anthropogenic greenhouse gases released in the atmosphere since the industrial revolution by the developed world, is felt much stronger in the developing world, causing unexpected droughts and floods that will cause large harvest loss, leading to more hunger and malnutrition, rising death tolls and disease vulnerability. The current intellectual property regime (IPR) strikes an unfair balance between profit oriented (...) seed industry giants and low-acreage farmers. The biotechnology industry, mainly headquartered in the developed world, has started to patent new seed varieties, taking biomaterials from developing countries, with the claim, that they will be more tolerant to flood, drought, heat, and cold. Special sales contracts prohibit saving seeds from the harvest for the next season, thus forcing the farmers to buy them every season anew, which goes against traditional farming. Using a widely accepted concept of global justice, that tackles the fact that around 10% of the world's population profits from 90% of the earth's resources, and by taking into account the feasibility of a fair IPR, we will discuss three issues. First, an ethically acceptable IPR should prevent unjust and unfair assignments of property rights (e.g. patents) that completely ignore small-scale farmers inventiveness and efforts to save agrobiodiversity. As a second task, this regime should encourage globally a just distribution of the objects of innovation that are covered by patents. Third, such a regime should encourage innovations at a rate that is effective to cope with climate change. (shrink)

The emergent new science of synthetic biology is challenging entrenched distinctions between, amongst others, life and non-life, the natural and the artificial, the evolved and the designed, and even the material and the informational. Whenever such culturally sanctioned boundaries are breached, researchers are inevitably accused of playing God or treading in Frankenstein’s footsteps. Bioethicists, theologians and editors of scientific journals feel obliged to provide an authoritative answer to the ambiguous question of the ‘meaning’ of life, both as a scientific definition (...) and as an explication with wider existential connotations. This article analyses the arguments mooted in the emerging societal debates on synthetic biology and the way its practitioners respond to criticism, mostly by assuming a defiant posture or professing humility. It explores the relationship between the ‘playing God’ theme and the Frankenstein motif and examines the doctrinal status of the ‘playing God’ argument. One particularly interesting finding is that liberal theologians generally deny the religious character of the ‘playing God’ argument—a response which fits in with the curious fact that this argument is used mainly by secular organizations. Synthetic biology, it is therefore maintained, does not offend so much the God of the Bible as a deified Nature. While syntheses of artificial life forms cause some vague uneasiness that life may lose its special meaning, most concerns turn out to be narrowly anthropocentric. As long as synthetic biology creates only new microbial life and does not directly affect human life, it will in all likelihood be considered acceptable. (shrink)

Ludwik Fleck is widely recognized as a precursor of Science and Technology Studies, but his case study on the development of the Wassermann reaction as a test for detecting syphilis has never been subjected to detailed empirical scrutiny. The fact that Fleck?s monograph is based on a limited set of documentary sources makes his work vulnerable to uncharitable critics. The problematic relation between thought collective and individual scientists in Fleck?s theoretical approach is another reason for a systematic re-examination of his (...) case study, using materials on the early period in the history of the Wassermann reaction (1906?1912). My re-examination highlights several problems in Fleck?s account: a misinterpretation of the switch from antigen detection to antibody detection; a neglect of the ?clinical connection?; an overemphasis on the importance of collective experience leading to implausible views on gross retrospective distortions supposedly inflicted by this experience upon the memories of individual participants; and, finally, a misjudgement of the significance of the acrimonious dispute over the intellectual ownership of the Wassermann reaction. What remains unscathed is Fleck?s picture of a zig-zag course of development from false initial assumptions via detours and cul-de-sacs to a clinically usable test in the end. (shrink)

Opponents of biotechnology ofteninvoke the Precautionary Principle to advancetheir cause, whereas biotech enthusiasts preferto appeal to ``sound science.'' Publicauthorities are still groping for a usefuldefinition. A crucial issue in this debate isthe distribution of the burden of proof amongthe parties favoring and opposing certaintechnological developments. Indeed, the debateon the significance and scope of thePrecautionary Principle can be fruitfullyre-framed as a debate on the proper division ofburdens of proof. In this article, we attemptto arrive at a more refined way of thinkingabout (...) this problem in order to escape from theexisting polarization of views between ``guiltyuntil proven innocent'' and ``innocent untilproven guilty.'' This way of thinking alsoenables a critical review of currentdemarcations between risk assessment and riskmanagement, or science and politics, and of themorally laden controversy on the relativeimportance of type-I and type-II errors instatistical testing. (shrink)

Due to the rise of functional foods,the distinction between foods and medicines hasbecome increasingly blurred. A new EUregulation covering health claims and otherclaims on food and drink products is on thedocks. A basic motive of legal regulation oflabeling and advertising is to inform andprotect the consumer. Promotion of informedchoice and consumer protection may, however, beconflicting objectives. A further problemsprings from the fact that choice, likeconsent, is a propositional attitude andtherefore opaque. Thus it is extremelydifficult for regulators to fasten onparticular formulations (...) of claims. Despite theprofessed respect for the autonomy of theconsumer, paternalism is never far away andeasily enters in various guises. (shrink)