نوع مقاله : مقاله پژوهشی
نویسنده
دکتری، گروه حقوق، دانشگاه باقرالعلوم(ع)، قم، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The aim of the research is to examine the philosophy of intellectual property rights in genetically engineered animals. By exploring the philosophical, ethical, and legal complexities of intellectual property rights over genetically engineered animals, it shows that these creatures challenge the traditional boundaries between nature and technology and require a revision of basic concepts in the fields of ontology, bioethics, and law. First, from an ontological perspective, genetically engineered animals are at the intersection of "living being" and "technological product." Duality blurs traditional concepts such as "nature" and "technology" because these creatures simultaneously benefit from evolved biological processes and purposeful human engineering design. The spectrum approach proposed here, by rejecting traditional dualism, analyzes these creatures along a continuum from nature to technology and depicts that their hybrid nature requires novel conceptual frameworks. From a bioethical perspective, the conflict between "intellectual property rights" and "animal rights" has become one of the most challenging issues. Although protecting genetic innovations through intellectual property can lead to scientific advancements and the resolution of global crises, this approach carries the risk of neglecting the intrinsic dignity of animals and turning them into "exclusive commodities." The analysis of three main ethical viewpoints—utilitarianism, deontology, and virtue ethics—reflects that none of them merely are capable of resolving this tension. Utilitarianism, by focusing on maximizing public benefit for the maximum number, may disregard animal suffering; deontology, by emphasizing inherent rights, hinders technological progress; and virtue ethics calls for a balance between scientific progress and ethical responsibility. These oppositions reveal the necessity of creating mitigating mechanisms, such as ethical conditionality in patent registration. In the field of the philosophy relating to technology, genetic engineering has granted humans unprecedented power in rewriting the codes of life. While this power strengthens hopes such as treating genetic diseases and ensuring food security, it also increases the risk of turning animals into "biological tools" dominated by commercial interests. Intellectual property in this area not only does grant exclusive control over production and distribution but also gives companies the right to determine the fate of future generations of these creatures. Finally, the phenomenological and post-humanist approach of the present research analyzes genetically engineered animals not as "tools" or "property" but as "others" in the complex web of life. This perspective challenges traditional anthropocentrism and calls for defining intellectual property within a multi-species framework that recognizes the inherent rights of animals and ecological obligations.
کلیدواژهها [English]