The commercialization of human stem cells: ethical and policy issues

Abstract

The first stage of the human embryonic stem (ES) cell research debate revolved around fundamental questions, such as whether the research should be done at all, what types of research may be done, who should do the research, and how the research should be funded. Now that some of these questions are being answered, we are beginning to see the next stage of the debate: the battle for property rights relating to human ES cells. The reason why property rights will be a key issue in this debate is simple and easy to understand: it costs a great deal of money to do this research, to develop new products, and to implement therapies; and private companies, researchers, and health professionals require returns on investments and reimbursements for goods and services. This paper considers arguments for and against property rights relating to ES cells defends the following points: (1) It should be legal to buy and sell ES cells and products. (2) It should be legal to patent ES cells, products, and related technologies. (3) It should not be legal to buy, sell, or patent human embryos. (4) Patents on ES cells, products, and related technologies should not be excessively broad. (5) Patents on ES cells, products, and related technologies should be granted only when applicants state definite, plausible uses for their inventions. (6) There should be a research exemption in ES cell patenting to allow academic scientists to conduct research in regenerative medicine. (7) It may be appropriate to take steps to prevent companies from using patents in ES cells, products, and related technologies only to block competitors. (8) As the field of regenerative medicine continues to develop, societies should revisit issues relating to property rights on a continuing basis in order to develop policies and develop regulations to maximize the social, medical, economic, and scientific benefits of ES cell research and product development.