Interesse- og verdikonflikter i skjæringspunktet mellom patentetikk og forskningsetikk

Abstract

With the increased importance of patenting in emerging science and technology, publically funded research has also become increasingly influenced by commercial interests. In the wake of such developments central concerns within research ethics and patent ethics has gained new relevance. However, this has not materialized in research and patent policy debates in Norway. This paper provides an argument for the relevance of the rekindling of patent and research policy issues related to ethical and societal concerns for public research institutions in Norway. Further, due to an increasingly technocratic decision-making model of the patent system, important ethical and societal issues are left unanswered by current policy. This paper will focus on two aspects of current patent policy and practice. Firstly, the increased importance of commercial interests in research policy during the last 30 years has changed the incentives of public research. Secondly, patent law and the patent system has established a particular decision-making framework for how ethical and societal aspects of patents are addressed, particularly within the biopatent areas. This is exemplified with the evaluation of the AquaBounty-case in the Ethics Committee for Patent Cases. Furthermore, I discuss the relevance of the ethical responsibility of Norwegian public research institutions in current patent policy and how a range of complex ethical and societal issues evade public attention.