The Corporation2003

Jeremy Rifkin:
The Chakrabarty case is one of the great judicial moments in world history. And the public was totally unaware it was actually happening as a process was being engaged. General Electric and Professor Chakrabarty went to the patent office with a little microbe that eats up oil spills. They said they had modified this microbe in the laboratory, and therefore it was an invention. The patent office and the U.S. Government took at look at this "invention"; they said, 'No way. The patent statutes don't cover living things. This is not an invention". Turned down. Then, General Electric and Doctor Chakrabarty appealed to the U.S. Customs Court of Appeal. And, to everyone's surprise, by a 3-to-2 decision, they overrode the patent office. They said, 'This microbe looks more like a detergent, or a reagent, than a horse or a honeybee". I laugh because they didn't understand basic biology; it looked like a chemical to them. Had it had an antenna, or eyes, or wings, or legs, it would never have crossed their table and been patented. Then the patent office appealed. And what the public should realise now is the patent office was very clear that you can't patent life. My organisation provided the main amicus curiae brief. "If you allow the patent on this microbe," we argued, "it means that without any congressional guidance or public discussion, corporations will own the blueprints of life". When they made the decision, we lost by 5-to-4, and Chief Justice Warren Berger said, "Sure, some of these are big issues but we think this is a small decision". 7 Years later the U.S. Patent Office issued a 1 sentence decree, "You can patent anything in the world that's alive, except a full-birth human being". We've all been hearing about the announcement that we have mapped the human genome. But what the public doesn't know is now there's this great race by genomic companies and biotech companies and life science companies to find the treasure in the map. The treasure are the individual genes that make up the blueprint of the human race. Every time they capture a gene and isolate it, these biotech companies claim it as intellectual property. The breast cancer gene, the cystic fibrosis gene, it goes on and on and on. If this goes unchallenged in the world community within less than 10 years a handful of global companies will own, directly, or through license, the actual genes that make up the evolution of our species. And they're now beginning to patent the genomes of every other creature on this planet. In the age of biology the politics is going to sort out between those who believe life first has intrinsic value, and therefore we should choose technologies and commercial venues that honour the intrinsic value. And then we're going to have people who believe, "Look, life is a simple utility, it's commercial fare", and they will line up with the idea to let the marketplace be the ultimate arbiter of all of the age of biology.