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Title: Taming scary monsters with morality : an assessment of the morality criterion in European and UK patent laws in the context of human and animal biotechnology
Author: Jones, Amanda Warren
ISNI:       0000 0004 2685 985X
Awarding Body: Cardiff University
Current Institution: Cardiff University
Date of Award: 2003
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The patent law morality criterion has become the focus of much attention as the central means of questioning the social implementation of modern applications of biotechnology. In consequence, the precise nature of this legal provision has become the source of much speculation and contention. This thesis assesses the meaning of the provision and whether the morality criterion represents a clear, reliable and valid mechanism for examining human and animal biotechnology within a patent law context. It also considers alternative approaches to regulating morality through this legal provision and whether they can be operated by the European and UK patent systems justifiably and transparently in comparison with present practice. This thesis contends that biotechnology is capable of being regulated, meeting all of the requirements placed upon public decision-making, but that it must adopt an amended form to that currently practised by the European Patent Office. While the 'morality' criterion currently prescribes the point at which the assessment occurs, the facets of the innovation which are assessed, that the evidence considered cannot be limited solely to legislation and arguably that morality cannot have any boundaries to proscribe the analysis, it omits the essential parameters for making a moral assessment. Consequently, this thesis identifies that an 'abhorrence' standard, utilising a 'rebuttable presumption' methodology and the widest range of evidential sources, in some instances extending to public opinion polls/surveys, would lend important validity to current practice as well as meeting the needs of regulating biotechnology through patent law.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available