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  #1  
Old 08-31-2001, 01:48 PM
Tedster Tedster is offline
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With all the controversy about genetic engineering, cloning, etc., it occurred to me that the large firms will probably stand to make piles of money...
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  #2  
Old 08-31-2001, 01:50 PM
Munch Munch is online now
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I would think you probably could, but you would first have to catagorize it. Good luck!
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  #3  
Old 08-31-2001, 01:50 PM
Hello Again Hello Again is online now
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I know a guy who was trying to do it by presenting his DNA as music and copywriting that. I never heard if he was sucessfull though.
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  #4  
Old 08-31-2001, 01:52 PM
Hello Again Hello Again is online now
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clarification: I do not know the guy personally. I read it somewhere. It was more than a year ago and I can't find the article now.
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  #5  
Old 08-31-2001, 02:13 PM
pldennison pldennison is offline
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I seriously doubt that one can copyright something that is naturally occurring. Copyrights are for creative works: written material, music, the visual arts, etc. Maybe one could patent one's own DNA, but I doubt it.
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  #6  
Old 08-31-2001, 02:15 PM
KneadToKnow KneadToKnow is offline
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From the Copyright office of the LOC:
Quote:
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
So the answer is "no, you can't." You didn't write it. Therefore it's not an "original work of authorship."

Hope this helps.
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  #7  
Old 08-31-2001, 02:32 PM
Gartog Gartog is offline
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You can only copright what you have created? So could parents copyright a childs DNA? Could BioEngeneers copyright GM crops?

I think this is somthing that will need to be looked in the near future, I think it's more licky to happen with GM crops (super toamtoes etc) that Humans, initially at least.
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  #8  
Old 08-31-2001, 02:34 PM
dolphinboy dolphinboy is offline
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So is God the author of our DNA... or is it your parents?
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  #9  
Old 08-31-2001, 02:40 PM
KneadToKnow KneadToKnow is offline
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Quote:
Originally posted by Gartog
You can only copright what you have created? So could parents copyright a childs DNA? Could BioEngeneers copyright GM crops?
You can only copyright what you have authored. You do not author the DNA sequence of your offspring: it happens as a natural process of conception.

Genetically engineered crops may be subject to patent, but copyright still does not apply.
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  #10  
Old 08-31-2001, 02:46 PM
Podkayne Podkayne is offline
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AFAIK, DNA is not copyrighted, it is patented.

If you come up with a use or treatment based on a specific sequence of DNA, you can patent it. I don't think you can simply patent your genome. It's not clear that you own your genome anyway.
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  #11  
Old 08-31-2001, 02:58 PM
light strand light strand is offline
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Genes can and are patented. In fact the gene for breast cancer is patented, and anytime anyone is tested for this gene, part of the testing fee is paid to the patent holder.
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  #12  
Old 08-31-2001, 03:14 PM
KneadToKnow KneadToKnow is offline
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I don't disagree with your statement about the gene for breast cancer being patented, bio-brat, but if the patent holders get a royalty every time a test is done, then it almost certainly has to do with them holding a patent on the test rather than on the gene.
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  #13  
Old 08-31-2001, 03:28 PM
light strand light strand is offline
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Yes and no. Their patent covers any use for "diagnostic and therapeutic applications". So they do indeed make the test, but no one else is allowed to develop one.
Quote:
The BRCA2 patent issued today provides Myriad with exclusive rights to commercialize laboratory testing services, diagnostic test kits and therapeutic products that use the BRCA2 DNA sequence.
Here's a link for the company who holds the patent: http://www.myriad.com/pr/19981117.html

This is a very big controversy in the Molecular Biology world right now.
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  #14  
Old 08-31-2001, 03:43 PM
Robb Robb is offline
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DNA wouldn't fit into copyright laws. It isn't expression - it doesn't express the creativity of any human author. It also suffers from the defect of being functional. Copyright does not protection functional featrues. Patent law is the appropriate realm (if any) for protecting DNA.

Copyright requires some creative expression on the part of its author. So, sitting down and putting a group of names in alphabetical order won't get you a copyright in the list of names - its too ordinary of an order. Put a list of names such that they all seem to spell out meaningful sentences, and you might have a copyright.
Even setting aside whether children could themselves could be subject to copyright, procreating is to ordinary to be creative for the meaning of copyright law.
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  #15  
Old 08-31-2001, 04:41 PM
Tedster Tedster is offline
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Okay.

So copywrite is the wrong word.

Since it seems obvious that various DNA sequences will be patented, couldn't someone who's the lucky recipient, of say, a natural immunity to disease patent their own genome?
I'm just thinking down the road, when people will be picking out "designer" babies. The raw material would have to have come from somewhere. Just curious, is all.
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  #16  
Old 08-31-2001, 05:07 PM
Robb Robb is offline
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Tedster, copywrite is almost always the wrong word. Please use copyright more often than not.

DNA sequences have been patented. IIRC, you need to identify a seqence of genes and tell us what it does to recieve a patent. Simply having DNA in your body won't get you a patent. Consider bio-brat's post, that explains a gene was patented for a particular purpose.
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  #17  
Old 08-31-2001, 06:02 PM
evilhanz evilhanz is offline
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The US Supreme Court ruled in a landmark 1980 case that lvigin organisms can be patented if they meet the standards of patentability (novel usage, most likely). Since that decision, more than 80 organisms have been patened, including a genetically-engineered mouse. From Rifkin Files Human-Chimp Chimaera Patent and verifiable elsewhere.

Conceptual artist, Larry Miller, of the "Gates of Heck" was selling personalized documents that claim to copyright the expression of your DNA - i.e. YOU - as an original work. These documents have not been tested in the legal system. After consulting with a lawyer, it was determined that both a patent and a copyright are necessary. FRom Own your DNA - and get it in writing.

In recent news there have been reports of a company willing to copyright a celebrity's DNA at $10,000 a pop. It may be a silly idea, but it seems there's nothing to prevent you or I from copyrighting ourselves. Be sure to get a patent, though.
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  #18  
Old 08-31-2001, 06:19 PM
SpoilerVirgin SpoilerVirgin is offline
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The issue of patenting genes has been raised most recently with regard to people who appear to be AIDS-resistant. The consensus seems to be that if researchers decide to patent someone's genes, the patent-holders are entitled to any benefits, while the actual possessor (owner?) of the genes gets nothing.

Not sure how that would apply if you tried to patent your own genes, or whether you could be granted a patent without defining the usefulness of your particular genetic makeup.

A few articles:

Whose Body Is It Anyway?

Who Owns Your Genes?
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  #19  
Old 08-31-2001, 06:33 PM
light strand light strand is offline
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You can not get a patent on a human. You can only get a patent on a genome if it is engineered in such a way that you have manipulated to the point that it no longer occurs in nature. OR you can patent a gene, which would fall under discovery.

In other words, I cannot patent a mouse a rat a snake a bacterium or any other being. But I CAN patent a gene DISCOVERY, or a bacterium that I have manipulated to produce a drug product or mammalian cell that I have genetically engineered.

I suppose that you could put a copywright on your genome, but unless you have a clone hanging around I wouldn't worry about anyone using it.
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  #20  
Old 08-31-2001, 08:32 PM
mangeorge mangeorge is offline
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In the foggy depths of my mind I seem to recall that someone once tried to copywrite (or patent) his own fingerprint. Searching hasn't been fruitful. Does anyone remember anything, or am I hallucinating again.
Peace,
mangeorge
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