Patents on biotech products have a scope that goes well beyond what is covered by the most widely applied ethical justifications of intellectual property. Neither natural rights theory from Locke, nor public interest theory of IP rights justifies the wide scope of legal protection. The article takes human genes as an example, focusing on the component that is not invented but persists as unaltered gene information even in the synthetically produced complementary DNA, the cDNA. It is argued that patent on (...) cDNA holds this information captive, or illegitimately appropriates it in limiting other researchers and inventors’ opportunity to explore new functions and uses based on this non-invented information. A tighter connection between legal IP protection and the use description stated in the patent claim is suggested. By binding protection to the product’s foreseeable functions and use, instead of the product itself and all future uses of it, legitimacy of biotech product patents is restored. (shrink)

Instead of impeding access to essential medicines in developing countries, the essay explores why and how patents can serve as a source of funding for the much needed access to medicine. Instead of a weakening of patents, prolonged protection periods are suggested in circumstances where there is widespread lack of access. The revenues from extended patents are seen as a source of funding for drug donations to the least developed countries.

Among the defining characteristics of moral cosmopolitanism are the convictions that personal relations, membership in social or political organizations like local communities or nation-states are insignificant for agents when determining their scope of moral concern. The moral scope is unlimited and the moral duties reach globally. Following up observations made by Onora O’Neill and others, it is argued that Singer’s model needs a complementary tool to allocate duties.That tool can be found by supplementing the agent centered perspective of the model (...) with a regard for the social and institutional circles encompassing right holders. Instead of focusing on the duty holder, I suggest that the cosmopolitan’s “ultimate unit of moral concern” – here, the claimholder is regarded central.Thus, Singer’s cosmological model is kept, but in a rights-based methodological approach for allocating duties. Methodologically, what needs to be investigated is whether the scope of legitimate moral claims expands from the agent for the same reasons that the circle of moral concern expands from Singer’s agent. (shrink)