로크의 사유재산권에 대한 비판적 접근을 통한 유전자특허 반대론 = Through a critical approach to Locke's private property rights, Gene patent opposition

다국어 초록 (Multilingual Abstract)

Without being able to overcome the harmful effects of materialism that began with the Industrial Revolution of the 18th century, mankind came to the turning point of a new social and economic change called ‘The Fourth Industrial Revolution’. The Fourth Industrial Revolution, represented by ‘uncertainty and influence of science and technology’, is a great leap forward for humanity, and it is a risk that humanities and societies will cause many bioethical problems. At the heart of the discussion is whether or not Gene patents are granted. Gene patents did not seem to have the patent requirements in the patent law, but they had been permitted through a false argument for half a century in the economic logic of a great power centered on the United States. In this paper, I have argued against the patent of gene through the critical approach of John Locke's private property rights, which is the philosophical background of the patent law. Locke suggested the condition of (1) ‘the administration of labor (Labor theory of value)’ and (2) the condition that ‘enough and as good’ and the condition of ‘Prohibition against waste/spoilage’ as a prerequisite for exclusive ownership. However, there is a logical flaw in the condition of sufficiency that neglects Lock's bias toward labor value and the difference between individual's preference and land value. The incompleteness of the property rights of Locke is further highlighted by the nature of the idea that the gene patent is an ideological entity distinct from the land. Finally, based on the private property rights of Locke, we reviewed the theoretical and empirical analysis based on the patent law system that the patent could not be recognized. Through this, the necessity of humanistic reflection on incompleteness and influence of science and technology was discussed.