Re: Copyright on Genes

From: Bruce Hayden <bhayden[_at_]copatlaw.com>
Date: Wed, 29 Nov 1995 08:54:41 -0700

> I'm curious about the history -- if any -- of attempts to establish
> copyrights in genetic sequences. I seem to recall that when the
> Human Genome Initiative started this was an issue. Could a researcher
> who sequenced (decoded) a portion of genetic material establish
> proprietary rights over the sequence as described? Does anyone know
> where I might look into the history of this? Can anyone fill me in
> briefly on the current status of the issue? I assume that it is not
> possible to copyright a genetic sequence. It is, however, possible
> to patent an artificially produced life-form, isn't it? Dupont's
> OncoMouse, for example. Many thanks in advance for any illuminations
> that may be forthcoming.

I think that copyright for decoding genetic sequences would be a hard push. One of the requirements for copyright is original expression. Unfortunately, the original expression belongs to another. And of course that other published without notice before we joined Berne (or for that matter before the 1976 Act), thus ejecting the material into the public domain. (Well, I guess you could argue that it was an unpublished work, since prior to the Berne time frame, there was no way to decode the sequence).

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The preceding was not a legal opinion, and may not be my employers'. Orignal portions Copyright 1995 Bruce E. Hayden,All Rights Reserved. My work may be copied in whole or part, with proper attribution, as long as the copying is not for commercial gain.

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Bruce E. Hayden                                bhayden[_at_]acm.org               
Austin, Texas                                  bhayden[_at_]copatlaw.com

Received on Wed Nov 29 1995 - 14:58:32 GMT