Gene Patent Absurdity

IP Law, Science, Technology
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Those without any sound principles about rights and economics are totally confounded by the issue of gene patents. The author of “The absurdity of patenting genes,” in The Guardian, for example, first observes, “Patents are a sensible idea, because people are more likely to invest in innovation …”. But on the other hand, “patents also act as a barrier to innovation, and gene patents bring these disadvantages into stark relief.” So, patents are sensible, because they stimulate innovation … yet they also hamper innovation. Mmm-hmm.

Libertarians, however, having a better understanding of the nature of property rights, are increasingly recognizing that all patents are unjust (see my The Case Against IP: A Concise Guide). And something about gene patents–having the state grant monopolies on the way our genes are configured–is especially galling. Thank goodness this is being fought by the heroic David Koepsell, who is producing the anti-gene patent documentary Who Owns You? (see also Koepsell – Quinn “Debate” on Gene Patents; David Koepsell: Another Austrian-Influenced IP Opponent). And it’s also good that a federal trial court recently ruled against gene patents, in Association for Molecular Pathology and ACLU v. USPTO and Myriad (see Federal Court Invalidates Breast Cancer Gene Patent, Ronald Baily, Reason‘s Hit & Run; Court: Essentially All Gene Patents Are Invalid, Patently-O). …

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Statist The-daism

Anti-Statism, Political Correctness, Statism
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Political correctness is not the only source of damage to language. Indeed, outright implicit statism has been around much longer than PC. Take, for example, a common question asked when people move: “How are the schools in your area?” By this they of course mean government schools. Then there is the space program (NASA primarily), the post office, the police, the roads. These endless the-daisms are the not unexpected result of the monopolization of goods and services by the state.

The vast majority of people take these the-daisms for granted. One would suspect, however, that unless you lived in a heavily statist society, the majority of the population would reject the idea of having a single provider of homes, food, media or news. “How is the housing in your district?” or maybe “How is the grocery store?” In some states that’s already the case for liquor stores.

Even in industries where there is some competition, such as media distribution companies, we see the-daisms: the phone company or the cable company. Due to government intervention, these providers often obtain the monopolistic, legislative right to operate in a certain area, shutting out potential competitors.

It would sound ridiculous to ask about “the pencil system” or “the restaurant system.” Yet it is somehow perfectly fine to have, or to want to have, a uniform, government health system — the health care system. How unfortunate.

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