Self‐ownership,relational dignity,and organ sales

Material property has traditionally been conceived of as separable from its owner and thus alienable in an exchange. So it seems that you could sell your watch or even your kidney because it can be removed from your wrist or abdomen and transferred to another. However, if we are each identical to a living human animal, self‐ownership is impossible for self‐separation is impossible. We thus cannot sell our parts if we don't own the whole that they compose. It would be incoherent to own all of your body's parts but not the whole body; and it would be arbitrary to own some but not all of your removable parts. These metaphysical obstacles to organ sales do not apply to the selling of the organs of the deceased. The human being goes out of existence at death and is not identical to the body's remains. Any objections to selling the organs of the deceased must instead be due to dignity rather than metaphysical or conceptual considerations. But the remains lack the intrinsic dignity of the human being, instead possessing, at best, relational dignity. Relational dignity would not provide sufficient reason to prohibit life‐saving sales.     

Some properties of a pheromone allowing individual recognition, from the scats of an Australian lizard, Egernia striolata

  The Australian lizard, Egernia striolata, can distinguish its own scats from those of unfamiliar conspecific individuals. This appears to be unrelated to diet, because there is no difference in the response to scats from unfamiliar lizards fed on diets that are the same or different from the test lizard. The signal that induces the response is not a visual or tactile property of scat structure, because test lizards respond equally to crushed and intact scats. We suggest that a pheromone is secreted onto the scat as it is produced. Water solutions of scats did not contain signal components that allowed lizards to distinguish their own scats from others. However, solutions of scats in dichloromethane (DCM) retained unique characteristics, and test lizards responded more strongly to the solution from scats of an unfamiliar lizard that to the solution from their own scats. Further fractionation of the DCM solution in pentane and in methanol led to loss of the unique signals needed for individual recognition, but those were restored when the pentane and methanol fractions were recombined. We infer that these lizards can distinguish between scats of different individuals on the basis of signals they receive from a complex combination of chemicals. Received: 14 December 1998 / Received in revised form: 9 April 1999 / Accepted: 12 April 1999     

United States patent prior art rules and the neem controversy: a case of subject-matter imperialism?

A recent United States patent covering an improvement to the naturally-occurring pesticide in neem tree seed oil might have been rejected as 'obvious' if United States patent law recognized certain forms of prior inventive activity on a par with similar activity occurring within the United States' borders. But the US only recognizes prior 'knowledge, use or invention' as blocking a claim to a patent when those activities take place within US borders, or are evidenced by publications accessible in the US, or, more commonly, by foreign patents. Neither of these last forms of tangible 'prior art' is likely to be available to block patents on biodiversity inventions – most notably because of the fact that most developing nations do not allow patents on pharmaceutical or agricultural inventions, categories subsuming most biodiversity-related advances. Although the United States patent only has direct force within the United States, it is nonetheless highly significant to this global dispute, since the United States and other developed nations stand to be the major markets for the end-products of neem. This paper argues that the border-drawing distinctions in US patent law are archaic, counter to stated policy directives and are disproportionately influencing the developing world's stance towards GATT and its intellectual property rights provisions.     

Would Industrial Ecology Exist without Sustainability in the Background?

Industrial ecology rests historically—even in a short lifetime of 15 years or so—on the metaphorical power of natural ecosystems. Its evolution parallels the rise of concerns over unsustainability, that is, the threats to our world's ability to support human life the emergence of sustainability as a normative goal on a global scale. This article examines the relationships between industrial ecology and sustainability and argues that, in its historical relationship to classical ecology models, the field lacks power to address the full range of goals of sustainability, however defined. The classical ecosystem analogy omits aspects of human social and cultural life central to sustainability. But by moving beyond this model to more recent ecosystem models based on complexity theory, the field can expand its purview to address sustainability more broadly and powerfully. Complexity models of living systems can also ground alternative normative models for sustainability as an emergent property rather than the output of a mechanistic economic model for society's workings.     

A New Criterion for Demarcating Life from Non-Life

Criteria for demarcating life from non-life are important for deciding whether new candidate systems, either discovered extraterrestrially or constructed in the laboratory, are genuinely alive or not. They are also important for understanding the origin of life and its evolution. Current criteria are either too restrictive or too extensive. The new criterion proposed here poses that a system is living when it is capable of utilizing active causation, at evolutionary or behavioural timescales. Active causation is produced when the organism uses an estimate of its own Darwinian fitness to modulate the variance of stochasticity that drives hereditary or behavioural changes. The changes are subsequently fed back to the fitness estimate and used in the next cycle of a feedback loop. The ability to use a self-estimated fitness in this way is an evolved property of the organism, and the way in which fitness is estimated is therefore controlled and stabilized by Darwinian evolution. The hereditary and behavioural trajectories resulting from this mechanism combine predictability with unpredictability, and the mechanism produces a form of self-directed agency in living organisms that is absent from non-living systems.     

Patentes fúngicas: de Pasteur a nuestros días

At the end of the 19^th century, the American Patent Office granted the patent known as “Pasteur's application”, claiming the protection of a yeast strain. Since that date, the debate around biotechnology patents, especially for those that affect living organisms or part of them, has grown exponentially.In the present article, the Patent Law is reviewed, pointing out the particular problems about fungi or parts of them. Also, some of the fungus patents are discussed from the perspective of the ethical, economical, social and environmental aspects of these kind of patents.     

The hologenome concept: we need to incorporate function

Are we in the midst of a paradigm change in biology and have animals and plants lost their individuality, i.e., are even so-called ‘typical’ organisms no longer organisms in their own right? Is the study of the holobiont—host plus its symbiotic microorganisms—no longer optional, but rather an obligatory path that must be taken for a comprehensive understanding of the ecology and evolution of the individual components that make up a holobiont? Or are associated microbes merely a component of their host’s environment, and the holobiont concept is just a beautiful idea that does not add much or anything to our understanding of evolution? This article explores different aspects of the concept of the holobiont. We focus on the aspect of functional integration, a central holobiont property, which is only rarely considered thoroughly. We conclude that the holobiont comes in degrees, i.e., we regard the property of being a holobiont as a continuous trait that we term holobiontness, and that holobiontness is differentiated in several dimensions. Although the holobiont represents yet another level of selection (different from classical individual or group selection because it acts on a system that is composed of multiple species), it depends on the grade of functional integration whether or not the holobiont concept helps to cast light on the various degrees of interactions between symbiotic partners.     

Autopoietic and (M,R) systems

From the many attempts to produce a conceptual framework for the organization of living systems, the notions of (M,R) systems and Autopoiesis stand out for their rigor, their presupposition of the circularity of metabolism, and the new epistemologies that they imply. From their inceptions, these two notions have been essentially disconnected because each has defined its own language and tools. Here we demonstrate the existence of a deep conceptual link between (M,R) systems and Autopoietic systems. This relationship permits us to posit that Autopoietic systems, which have been advanced as capturing the central aspects of living systems, are a subset of (M,R) systems. This result, in conjunction with previous theorems proved by Rosen, can be used to outline a demonstration that the operation of Autopoietic systems cannot be simulated by Turing machines. This powerful result shows the potential of linking these two models. Finally, we suggest that the formalism of (M,R) systems could be used to model the circularity of metabolism.     

Genome editing: intellectual property and product development in plant biotechnology

Genome editing is a revolutionary technology in molecular biology. While scientists are fascinated with the unlimited possibilities provided by directed and controlled changes in DNA in eukaryotes and have eagerly adopted such tools for their own experiments, an understanding of the intellectual property (IP) implications involved in bringing genome editing-derived products to market is often lacking. Due to the ingenuity of genome editing, the time between new product conception and its actual existence can be relatively short; therefore knowledge about IP of the various genome editing methods is relevant. This point must be regarded in a national framework as patents are instituted nationally. Therefore, when designing scientific work that could lead to a product, it is worthwhile to consider the different methods used for genome editing not only for their scientific merits but also for their compatibility with a speedy and reliable launch into the desired market.     

Whole-genome patenting

Gene patenting is now a familiar commercial practice, but there is little awareness that several patents claim ownership of the complete genome sequence of a prokaryote or virus. When these patents are analysed and compared to those for other biological entities, it becomes clear that genome patents seek to exploit the genome as an information base and are part of a broader shift towards intangible intellectual property in genomics.     

跨国种企作物育种专利布局及对我国的启示*

当前全球种业基本形成“两超、四强、差异化发展”新格局,种业巨头主导着全球作物育种技术研发和产业发展。通过深入分析和挖掘跨国种企作物育种专利,洞察其技术研发布局,为我国合理部署作物育种技术研发、改善知识产权布局与保护具有借鉴意义。基于Derwent Innovation(DI)专利数据库,以“两超四强”跨国种企2015~2019年申请的作物生物育种专利为研究对象,通过文本聚类法全面分析了“两超四强”跨国种企的生物育种研发布局,通过计量指标结合专家咨询遴选出其重点专利,厘清其技术研发重点。据此提出我国应当瞄准生物育种核心领域加强新兴前沿技术原始创新与集成开发,加强新型抗虫基因挖掘与抗虫新机制研发,强化生物育种核心技术链、产业链知识产权协同保护与布局,提升知识产权保护水平及全球化结合重点布局的知识产权战略意识的建议。     

Industrial Ecology and Competitiveness

In the emerging field of industrial ecology one of the unsettled questions is the degree to which design for the environment, closing energy and materials loops, and other industrial ecology concepts apply at the firm level. In this article we examine this issue with a particular focus on whether industrial ecology can guide company strategy and efforts to enhance competitiveness.
We conclude that industrial ecology thinking will often be useful for firms seeking to improve their resource productivity and thus their competitiveness. The systems perspective that industrial ecology promotes can help companies find ways to add value or reduce costs both within their own production processes and up and down the supply chain. But industrial ecology cannot always be counted upon to yield competitive advantage at the firm level. In some cases, the cost of closing loops will exceed the benefits. In other cases, regulatory requirements do not fully internalize environmental costs, and thus polluting firms may gain temporary or permanent cost advantages relative to companies that attempt to eliminate all emissions. Finally, because industrial ecology focuses attention on materials and energy flows, it may not optimize other variables that contribute to competitiveness within the corporate setting.     

Role of the sub-cellular localization of RasGAP fragment N2 for its ability to sensitize cancer cells to genotoxin-induced apoptosis

The specific sensitization of tumor cells to the apoptotic response induced by genotoxins is a promising way of increasing the efficacy of chemotherapies. The RasGAP-derived fragment N2, while not regulating apoptosis in normal cells, potently sensitizes tumor cells to cisplatin- and other genotoxin-induced cell death. Here we show that fragment N2 in living cells is mainly located in the cytoplasm and only minimally associated with specific organelles. The cytoplasmic localization of fragment N2 was required for its cisplatin-sensitization property because targeting it to the mitochondria or the ER abrogated its ability to increase the death of tumor cells in response to cisplatin. These results indicate that fragment N2 requires a spatially constrained cellular location to exert its anti-cancer activity.     

2015 年江苏省医药产业发展报告

江苏省作为传统医药大省,是全国医药产业发展的重要组成部分。通过资料查询,从产业规模与体系、研发创新、产业潜能、人 才队伍、科研机构和专利发明等多方位,分析江苏省医药产业发展现状,并与其他医药产业重点省份进行比较,揭示目前全省医药产业 发展中的主要问题所在,为全省医药产业健康发展建言献策。     

Legal Rights in Human Bodies, Body Parts and Tissue

This paper outlines the current common law principles that protect people’s interests in their bodies, excised body parts and tissue without conferring the rights of full legal ownership. It does not include the recent statutory amendments in jurisdictions such as New South Wales and the United Kingdom. It argues that at common law, people do not own their own bodies or excised bodily material. People can authorise the removal of their bodily material and its use, either during life or after their death, for medical or scientific purposes. Researchers who acquire human bodies, body parts or tissue pursuant to such an authority have a right to possess and use them according to the authorisation they have been given, but their rights fall short of full ownership because they are limited in the way that they can use the material. The legal rights of researchers who develop intellectual property and biological products from excised human tissue can be adequately protected by existing common law principles without the need for a new legal principle that people own body parts and tissue removed from their bodies.

Organizational invariance in (M,R)-systems

Robert Rosen's concept of (M,R)-systems was a fundamental advance in our understanding of the essential nature of a living organism as a self-organizing system, one that is closed to efficient causation, synthesizing, and maintaining all of the catalysts necessary for sustained operation during the whole period of its lifetime. Although it is not difficult to construct a model metabolic system to represent an (M,R)-system, such a model system will typically appear to lack organizational invariance, an essential property of a living (M,R)-system. To have this property, an (M,R)-system must not only be closed to external causation, it must also have its organization coded within itself, i.e., the knowledge of which components are needed for which functions must not be defined externally. In this paper, we discuss how organizational invariance may be achieved, and we argue that the apparent failure of previous models to be organizationally invariant is an artifact of the usual practice of treating catalytic cycles as 'black boxes'. If all of the steps in such a cycle are written as uncatalyzed chemical reactions, then it becomes clear that the organization of the system is fully defined by the chemical properties of the molecules that compose it.     

Opposition to Myriad Genetics patents and their total or partial revocation in Europe: early conclusions

The proceedings instituted against three European patents held by the US company Myriad Genetics, on the BRCA1 gene and the breast cancer diagnosis gene, resulted in the total or partial revocation of these patents. These decisions put an end to the legal monopoly claimed by Myriad Genetics on the BRCA1 gene and on breast cancer gene tests, and left the field open to European geneticists to develop and implement their test methods within the framework of a clinical not-for-profit organization. The opposition procedure, through which any actor is allowed to challenge European patents, was used by geneticists doctors in Europe to refuse the emergence of an industrial monopoly on a medical service offered in a clinical context. The decision to revoke or strongly limit these patents was based on the European Patent Office's refusal to establish an invention priority on a sequence that had errors at the time the application was filed by the patent holder, in September 1994. The patent holder was granted an invention priority only on 24 March 1995, when it filed an application for a corrected sequence of the gene. But by then the BRCA1 gene sequence had already been divulged in a public data base, Genbank, from October 1994, notably by Myriad. Myriad Genetics' patents were thus victims of the patent race that prompted the firm to file multiple patent applications on insufficiently validated sequences, and of the conflict between diffusion in the public domain and the novelty requirement. Opposition to the patents, undertaken by a coalition of medical institutions, human genetic societies, two States, Holland and Austria, an environmental protection organization (Greenpeace), and the Swiss Labour Party, made it possible to preserve and develop the clinical economy of genetic tests in Europe. It resulted in amendments to intellectual property laws in France and thus extended the possibility of using compulsory licences for public health purposes to in vitro diagnosis.