Governing Human Germline Editing Through Patent Law
Sherkow, Jacob S.; Adashi, Eli Y.; Cohen, I. Glenn
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https://hdl.handle.net/2142/111661
Description
Title
Governing Human Germline Editing Through Patent Law
Author(s)
Sherkow, Jacob S.
Adashi, Eli Y.
Cohen, I. Glenn
Issue Date
2021-09-28
Keyword(s)
hhge, genome editing, germline, crispr, patent
Abstract
In the wake of the heritable human genome editing (HHGE) experiments carried out by He Jiankui in China, widely condemned as unethical and scientifically ill grounded, attention has shifted to questions concerning hard law and regulation. The World Health Organization (WHO) recently released a report along with several auxiliary documents exploring international governance tools for human genome engineering. However, as long as such governance occurs only at the national legal level, the possibility of medical tourism to circumvent domestic prohibitions remains a risk. In this Viewpoint, we articulate the case for patent licensing as international governance instrument, as well as discussing patent law's limits.
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