As patentes de genes humanos sob a perspectiva do biodireito e da bioética

• Ano de defesa: 2015
• Autor(a) principal: Freitas, João Filipe Franco de [UNESP]
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Estadual Paulista (Unesp)
• Palavras-chave em Português: Direito e biologia; Genoma; Genética humana - Aspectos morais e éticos; Bioética - Aspectos jurídicos; Patentes
• Link de acesso: http://hdl.handle.net/11449/136055; http://www.athena.biblioteca.unesp.br/exlibris/bd/cathedra/12-02-2016/000858274.pdf

This essay is about legal and ethical aspects related to patents of inventions involving human genetic material. The first aim is to demonstrate the difficulties that biotechnological inventions find to fulfil the positive requirements of patentability. It discusses, with regard to novelty, if DNA isolated from the genome is a new composition of matter, or a product of nature. With regard to inventive step, if there is considerable effort by the inventor in gene isolation and if the function assigned to that segment is obvious. With regard to industrial applicability, if the invention can be repeated, the sufficiency of its description and the indication of an effective utility for that specific DNA segment. Based on biolaw, it addresses the impacts on human dignity, the characterization of the genome as the common heritage of mankind, the possibility of commercialization of the human body and the restrictions on the freedom of research. Based on bioethics, it investigates if the genome is endowed with special status that prevents its appropriation, the way in which the respect for the autonomy of people who provide the biological material used in the invention is assessed, and fair and equitable sharing of the benefits of genetic research. The methods used are mainly deductive and inductive. The deductive method was used mainly for the study and understanding of the regulatory framework of the patent system and its connections with biolaw and bioethics. The inductive method was used in order to refer to specific patents, such as the BRCA and CCR5 genes and MSP-1 protein, and to relevant court cases, like AMP v. Myriad, from which more comprehensive judgments on the fulfillment of patentability requirements by inventions involving genetic sequences could be made, and on the ethical implications they entail. At the end, it is affirmed that there is a hypertrophy of patents, which negatively affects the...