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SAMANSVAR-Ansvarlig innovasjon og bedriftenes samfunnsansvar

PatentEthics: Ethical dimensions of patent law in non-human biotechnology

Awarded: NOK 4.0 mill.

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In this project we will explore to what extent there is potential for taking ethical aspects into account in the granting of patents, in the contesting of patents and in the decisions on mandatory licensing. We will review ethical concerns with the curren t patent regime and relate these to the European initiative on responsible research and innovation. A legal, comparative study will be carried out on the interpretation of the notion of 'ordre public and morality', and also on the interpretation of 'publi c interest'. We will also study how judgements on inventive step and novelty are made. The project will explore a potential substantial role of the Patent Board in securing that ethical concerns are considered in patenting decisions, and relate this to o ther attempts at political intervention in the patent system. In addition to carrying out research on these issues in general we will study two aquaculture related patenting processes in depth: a patent on transgene salmon and a patent on the PD virus. Th e two cases demonstrate different ethical aspects of patenting. We aim to take these case studies, together with general studies of ethical and legal aspects, as an entrance point to formulate recommendations for making patent law practices more ethically and socially responsive and responsible. Finally, we will organise reflection and learning processes with relevant actors in the field. By including a Ph.D. we intend to build competency in this important field. By dissemination activities we wish to r aise awareness of these issues in the general public and the scientific community.

Funding scheme:

SAMANSVAR-Ansvarlig innovasjon og bedriftenes samfunnsansvar