Krishna R. Dronamraju - Biological and Social Issues in Biotechnology Sharing

Dr Krishna R. Dronamraju is a geneticist who received his training under J.B.S. Haldane. He is founder and president of the Foundation for Genetic Research in Houston. He is an Honorary Research Fellow of University College, London; an Invited Professor of the University of Paris; and a Visiting Professor of Osmania University, Hyderabad (India). He served as an Adviser to the White House and as a member of the U.S Governments Recombinant DNA Advisory Committee, National Institutes of Health. His primary research interests include human gene therapy and ethics of biotechnology sharing by the developing world.

His books include Haldane (a biography of J.B.S. Haldane), The History and Development of Human Genetics, If I am To Be Remembered (a biography of Sir Julian Huxley), and Haldanes Daedalus Revisited.

First published 1998 by Ashgate Publishing

Reissued 2018 by Routledge

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Copyright Krishna R. Dronamraju 1998

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ISBN 13: 978-1-138-61191-7 (hbk)

ISBN 13: 978-1-138-61195-5 (pbk)

ISBN 13: 978-0-429-46088-3 (ebk)

by M.S. S WAMINATHAN

Among the several spectacular scientific advances of this century, molecular mapping of chromosomes and genetic engineering occupy a prominent place. Biotechnology has started making a significant impact on medical and agricultural research. The enormous power conferred by molecular genetics on the human ability to manipulate living organisms has raised serious questions of ethics and equity. The basic feedstock for the biotechnology industry is biodiversity. Countries rich in biodiversity, mostly occurring in the developing world, often lack biotechnological capability. In contrast, industrialised countries, though poor in endemic biodiversity, have considerable genetic engineering skills. They are increasingly getting all their findings protected under IPR regulations.

Thus, we witness a growing paradox. The rural and tribal families of the developing world, who are conserving biodiversity at personal cost for national and international public good, remain poor, while those who utilise their material and knowledge in molecular and Mendelian breeding become rich. It is to end this unethical situation that the legally binding global Convention on Biological Diversity (CBD) has provisions which integrate equity in benefit sharing with the sustainable use of genetic resources. India is proposing to introduce legislation which will accord recognition and reward to both the breeder and the primary conservers.

In 1999, the provisions of TRIPS (Trade Related Intellectual Property Rights) of the World Trade Agreement will be due for review. It will be important that this occasion is utilized for integrating the provisions of CBD relating to equity and ethics with those of conventional IPR regulations.

Prof Krishna Dronamraju is to be congratulated for writing this timely and incisive book. This book will be of great value to those interested in IPR issues and will help the international community to develop and adopt a new TRIPS regime which is rooted not only in the principles of economics, but also of ecology, ethics and equity. We owe Prof Dronamraju a deep sense of gratitude for this labour of love in the cause of science for human welfare.

There is hardly any one among the educated public who is not familiar with Intellectual Property Rights (IPR) although the full meaning of these words may not always be clearly understood. Intellectual property mainly consists of patents, copyrights, trademarks, trade secrets, and plant breeders rights. The primary purpose of promoting IPR is to provide an incentive for creating new inventions, especially by individual inventors. Patents are also viewed as major incentives for large firms to encourage inventiveness and invest a significant share of the profits in R & D. Some believe that patents also help in disseminating information about new inventions sooner than later. On the other hand, others believe that patents tend to hinder rather than encourage R & D by maintaining secrecy and by blocking free access to information. There is also the widespread belief in the developing countries that the IPR systems are mainly designed by the developed nations for the specific purpose of exploiting the natural resources of developing countries. Furthermore, creation of monopoly positions by large firms in selected industries increases the social costs. Ideally, a nations patent laws must reflect a balancing of incentives for inventors and rapid diffusion of new technology (Mansfield, 1993).

Most books on the subject of IPR are either written or edited by lawyers. Quite understandably, they have tended to examine the legal issues involved. As a geneticist and biologist, with a background in human genetics, I am primarily interested in the nature of patents in biotechnology, their ethical and social implications, and the impact of patents on the biodiversity of our planet. Also, one born in India, a developing nation, I am deeply interested in the IPR systems of developing countries and their impact on the trade relations between developing and developed nations. Several pages are devoted to this particular aspect.

One of the most controversial aspects of this subject is the discussion surrounding the whole issue of patenting human genes. The pros and cons of this debate and the ethical and social issues involved are of great interest. Another aspect of IPR which has aroused deep passions in the developing world is the protection of plant genetic resources including both food crops and medicinal plants. Plant breeders rights have received special attention in India in recent years, partly due to the efforts of Professor M.S. Swaminathan of Madras. This has led to the first legislation proposed to the Indian Parliament to protect plant breeders rights.

It is hoped that this book will help to stimulate further interest in the subject of IPR, creating a realistic understanding of the controversial issues involved. It is a subject which is becoming increasingly important as more and more research is being privatized. Because of budgetary constraints, many universities are entering into contracts with private industries to market their inventions. Increasing research collaboration between academia, business, and government is leading to a greater awareness of the importance of IPR systems.