Abstract
As all the novelties, the biotechnological and genetic industry causes problems of intellectual property. Moreover, the genes are very special things, not only because they touch to the living, but because they are carrying hopes (new therapies, drugs…) and fears too (protection of the Human body, protection of the collected data…). The main problem is to find an equilibrium between the incentive to innovate and the diffusion of the information and the knowledge in the sensible sector of the genetic. Thus, the authority tried to insert the problem of the patentability of the living (in general) and genes (in particular) in the preexistent intellectual property protection system: the patents system. According to a study of the National Institute of Health, 20% of human genes are patented or in request (it represents about 50 000 potential patents).
However, according to a study of Paradise, Andrews and Hollbrook, 38% of patents on the genes are problematic. As we will see later, the patentability of genes has entrained manyprotestations. It's necessary to weigh the pros and cons with an economic point of view, but with an ethical, legal and social point of view too.That's why in a first part, we will define the main terms necessary to the development like gene or patent. We will expose a brief historic of the patentability of genes and we will finish by a presentation of the Myriad Genetic case.
