论文部分内容阅读
生物科技通常会受到社会各界的广泛关注,因为在尖端领域经常会有能引发道德争议的产品或技术。生物科技发明的特征通常由这项科技所包含的技术特征和该发明所在的社会背景共同塑造。公众对这些创新通常是赞成的,但如果这些发明远超人们所能接受的范畴,即使人们会受益匪浅,他们也很难被社会所接受。因此政府开始逐步对这些科技进行规制,以创造一个科学创新发展所必需的并同时能被人类道德观念所能接受的环境。以往,知识产权的伦理问题多由一个国家对其境内进行规制,在欧盟此问题得以以一个全新的跨境高度进行监管。本文试图去分析欧盟专利法与道德之间的关系,首先对目前欧盟专利法的道德考量现状进行了分析,进而对道德考量加入欧盟专利法的利弊进行了衡量,最后引进了一个可能的补充或替代方案。
Biotechnology is often the subject of wide public concern because there are often products or technologies that can trigger ethical controversy in cutting-edge areas. The characteristics of a biotechnological invention are often shaped by the technical characteristics contained in the technology and the social context in which the invention is based. The public is generally in favor of these innovations, but if these inventions far outweigh the areas that they can accept, even if people will benefit greatly, they will find it hard to be accepted by society. Therefore, the government began to gradually regulate these technologies to create an environment necessary for scientific innovation and development and at the same time acceptable to human moral values. In the past, the ethical issue of intellectual property was mostly regulated by one country on its territory. In the EU, this issue could be supervised with a brand new cross-border level. This paper attempts to analyze the relationship between the EU patent law and morality. Firstly, it analyzes the present situation of the ethical considerations of the patent law in the European Union, and then weighs the pros and cons of ethical consideration of EU Patent Law. Finally, it introduces a possible supplement or alternative plan.