David Koepsell 
Who Owns You? 
Science, Innovation, and the Gene Patent Wars

The 2nd Edition of Who Owns You, David Koepsell’s
widely acclaimed exploration of the philosophical and legal
problems of patenting human genes, is updated to reflect the most
recent changes to the cultural and legal climate relating to the
practice of gene patenting.

* Lays bare the theoretical assumptions that underpin the
injustice of patents on unmodified genes

* Makes a unique argument for a commons-by-necessity, explaining
how parts of the universe are simply not susceptible to monopoly
claims

* Represents the only work that attempts to first define the
nature of the genetic objects involved before any ethical
conclusions are reached

* Provides the most comprehensive accounting of the various
lawsuits, legislative changes, and the public debate surrounding
AMP v. Myriad, the most significant case regarding gene
patents

Table of Content

Acknowledgments viii

Preface to the Second Edition x

Foreword xiv

Introduction xxiv

1 Individual and Collective Rights in Genomic Data: Preliminary Issues 1

2 Ethics and Ontology: A Brief Discourse on Method 21

3 The Science of Genes 30

4 DNA, Species, Individuals, and Persons 52

5 Legal Dimensions in Gene Ownership 69

6 BRCA1 and 2: The Myriad Case and Beyond 88

7 Are Genes Intellectual Property? 101

8 DNA and The Commons 119

9 Pragmatic Considerations of Gene Ownership 137

10 Nature, Genes, and the Scientific Commons: A Social Ontology of Invention 155

11 So, Who Owns You? Some Conclusions About Genes, Property, and Personhood 165

Notes 182

Index 194

About the author

David Koepsell is an author, philosopher, attorney, and educator
whose recent research focuses on the nexus of science, technology,
ethics, and public policy. He has provided commentary regarding
ethics, society, religion, and technology for MSNBC, Fox News
Channel, The Guardian, The Washington Times, NPR
Radio, Radio Free Europe, Air America, The Atlanta Journal
Constitution, and the Associated Press, and other media. He is
currently Director of Research and Strategic Initiatives,
Comisión Nacional de Bioética, and a Visiting Professor
at UNAM Instituto de Investigaciones Filosóficas, Mexico,
D.F.