On December 27, 2002, a religious group in the United States officially announced the birth of the first human clone, a girl. Although it has not been scientifically verified whether this cloned baby is actually a cloned human, judging from the life technology that has been accumulated over half a century, there is a possibility that the appearance of cloned humans is a fact. That means it's expensive. According to this group's plan, four more cloned babies will be born in the future, so I feel that human cloning is not a distant future, but a real problem that must be solved in the future. It will be done.
Human cloning is the process of duplicating a human embryo, which is a state of cell division after sperm and egg have been fertilized but before it develops into a fetus, and subsequently giving birth to a human with the same genes. After the NY TIMES first reported on it, it became a worldwide issue. At the time, this newspaper was concerned with human cloning and used the term ``cloning of human embryos.''
In the following, we will consider the meaning of human cloning and the various opinions for and against it, and consider the patent system involved, although it may seem premature.
table of contents
What is human cloning?
Human cloning in the abstract sense
Human cloning in the abstract sense refers to creating a human being with the same not only genetic traits, but also appearance, personality, emotions, hobbies, abilities, memory, etc. This is probably why most people feel repulsed by the term human cloning. However, currently the human cloning in question means biological human cloning, that is, creating another individual that is genetically identical to one individual. The term "individual" here refers to individuals and embryos, each of which has a different meaning.
human individual cloning
Human individual cloning refers to a method of creating another human being that is genetically identical to one human being. There are two main techniques for this: fertilized egg splitting and somatic cell nuclear transfer. The cloned sheep 'Dolly', announced by Dr. Ian Wilimut of the UK in February 1997, was born using the above-mentioned somatic cell nuclear transfer method.
human embryonic cloning
Human embryo cloning is technically the same as human individual cloning, but the purpose is not to obtain an individual, but to obtain embryonic stem cells before they are fully differentiated. It means to study the process of This process of embryo formation has great significance for the development of clinical medicine and basic biology, and many scientists have expressed interest in this process.Embryonic stem cells can be used to treat various intractable diseases such as diabetes. It can be used to
organ cloning
Since this research uses a single cell to clone the entire organ to which that cell originally belonged and does not use fertilized eggs, no serious ethical issues have been raised.
Arguments for and against human cloning
Regarding the support position
Some scientists argue that human cloning should be allowed in the interest of scientific rights and freedoms.
According to these claims, by using somatic cell nuclear transfer, which is a human individual cloning technique, fertilization can be achieved without sperm, giving new hope to infertile couples. It is said that it will be possible to cultivate skin, regenerate skin damaged by burns, and regenerate the brain. In addition, human cloning should be allowed in principle because it can treat diseases such as diabetes, cancer, and dementia, as well as inherited incurable diseases.
About the opposite position
The act of artificially manipulating human life is an insult and challenge to God, and the religious and ethical issues of severely destroying human dignity and legal principles based on blood ties and family communities are all thrown into confusion. Human cloning is opposed to human cloning, citing the legal problems of human cloning and the social problems of posing a serious crisis to the marriage and family systems that currently form the basis of human society.
world trends
Common global norms prohibiting human cloning are still under debate. Countries have different views on what is prohibited or permissible regarding somatic cell research for the treatment of incurable diseases and genetic disorders. However, no country allows human cloning itself.
Currently, those who support embryo research say that it is difficult to say that embryos up to 14 days old are living organisms in the strict sense of the word, and that it is permissible to conduct human embryo cloning experiments for medical purposes such as treating intractable diseases. It is argued that it should be done. Furthermore, the Human Genome Organization (HUGO) declared on September 30, 1999, "While we oppose human cloning, the cloning of human embryos for research purposes should be allowed." On the other hand, Britain, where the world's first cloned sheep was born, is the first country in the world to legally allow research into human embryo cloning, but it prohibits intrauterine implantation of embryos and the growth of cloned embryos. An international agreement banning human cloning was ratified at the European Conference (EC) and entered into force. The protocol prohibits human cloning using embryo isolation, cell nuclear transfer and other techniques, and only allows cell and tissue cloning solely for research purposes under strict conditions.
Human cloning and the patent system
Neither the arguments for and against embryo research experiments nor human individual cloning present a conclusive case. It seems that the above dichotomous thinking can be subdued by determining the scope of the term "human being" and the moral status of embryos.
Scholars and scientists predicting the future are no longer denying that, given the industrial structure foreseen in the new century, organ production and storage banks, cell cryo-storage banks, life cloning services, etc. will become commonplace. .
Therefore, it is absolutely necessary to determine ethical principles for all research related to bioethics, such as human cloning, embryo research, and genetic manipulation, and to establish guidelines regarding the scope and methods of research, as well as appropriate legal safeguards. I wonder if it's coming.
Once such a foundation is in place, it will be possible to determine the range of research results that can be protected by the patent system.
Currently, the Japan Patent Office interprets that inventions related to methods of operating, treating, or diagnosing people are not industrially applicable inventions (examination standards), so medical technologies such as surgical methods have not been patentable until now. Ta.
However, in recent years, there has been a movement in Japan to change this policy and make new medical-related technologies, such as methods for regenerating skin and organs, subject to protection. Furthermore, cutting-edge medical technology requires large R&D costs, and there is a strong opinion that protection laws in the form of patents are necessary to generate reinvestment costs to create the next generation of new technology and to motivate developers. .
From this perspective, in the relationship between human cloning and the patent system, at least the cultivation of organs for transplantation through human embryo cloning research, the regeneration of skin damaged by burns, treatment of intractable diseases, etc. Isn't there a need to protect research results under the patent system?
We hope that patent policy will change in line with the changing times.
Conclusion
Among modern cutting-edge science and technology, the field that is predicted to have the greatest ripple effect on human life is life science technology. Life cloning technology has both the risks of cloning human individuals and the benefits of medical utility.
Personally, I don't think the black-and-white logic of seeing only one position as absolutely correct in the debate for and against human cloning is undesirable. Rather than unconditionally opposing human cloning research, which has already become a reality for us, studying it calmly and guiding it in the right direction is not the wisdom to prepare for the disadvantages brought about by cutting-edge science and technology. I wonder.
that's all
