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1 – 3 of 3Daniel Diermeier and Shobita Parthasarathy
Describes Myriad Genetics and its struggle to develop a genetic testing service while facing challenges from competitors and activist organizations. After Myriad's discovery of…
Abstract
Describes Myriad Genetics and its struggle to develop a genetic testing service while facing challenges from competitors and activist organizations. After Myriad's discovery of the BRCA gene, capable of genetic testing for breast cancer in women, Myriad needed to choose a strategy to provide this service to the public. With several major competitors offering similar services, intense media scrutiny, and a charged activist and political climate, a poor Myriad decision could have major repercussions.
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The main purpose of this paper is to discuss the suitability of moral and ordre public clauses, and to advance the view that ethical reflection within patent systems is valuable.
Abstract
Purpose
The main purpose of this paper is to discuss the suitability of moral and ordre public clauses, and to advance the view that ethical reflection within patent systems is valuable.
Design/methodology/approach
This is a conceptual paper that draws upon the present situation in Europe to illuminate a discussion of the different views about the morality patents, with particular emphasis on criticism of authors who have espoused a narrow interpretation of moral clauses, such as that adopted by the European Patent Office.
Findings
This research found that the claim that patent systems are not appropriate places in which to evaluate moral matters and, therefore, they cannot inform us about morality is false. This is because inventors do not need to wait for authorizing legislation prior to making use of their technology. Hence, moral implications can be evaluated.
Research limitations/implications
These ideas also lead to important theoretical consequences, especially regarding the debate on value-laden science and technology. However, further efforts are needed to address other patent regimes, such as the non-European.
Practical implications
It is shown how the bioethicist community can be incorporated into patent offices. The responsibilities of examiners and businesses in the process are also discussed.
Originality/value
There have been a limited number of studies that examine the value of ethical considerations within the patent system. This paper provides a thought-provoking discussion of moral clauses in Europe. The author also suggests new ways of incorporating ethical scrutiny into patent systems.
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Rebecca D. Frank and Laura Rothfritz
This article explores the tension between the concept of a Designated Community (DC) as a foundational element in Trustworthy Digital Repository (TDR) certification and curators'…
Abstract
Purpose
This article explores the tension between the concept of a Designated Community (DC) as a foundational element in Trustworthy Digital Repository (TDR) certification and curators' uncertainty about how to interpret and apply this concept in practice.
Design/methodology/approach
This research employs a qualitative research design involving in-depth semi-structured interviews with stakeholders in the Trustworthy Digital Repository Audit and Certification (TRAC) process.
Findings
The authors' findings indicate that stakeholders in the audit and certification process viewed their uncertainty about how to apply the concept of a DC in the context of an audit as a source of risk for digital repositories and the repositories' collections.
Originality/value
This article brings new insights to digital preservation by applying social theories of risk to trustworthy digital repository audit and certification processes, with an emphasis on the concept of DC.
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