The issue of patents for genetically modified living-things has five aspects.
1) Natural law
Life comes from God or the Nature whether it is genetically modified or not.
Lower-level lifes make living for themself and contribute to living of higher-level
lifes by becoming their food. This is the natural law. So every man has the natural
right of growing any lower-level living things and eating them, at the same time
minimizing sacrifice and pain of victims. This is expressed as "I have given you
every plant yielding seed ..." in the Bible Genesis of Christianity, Judaism, Islam.
It includes all their progeny whether it is genetically modified or not because life
itself comes from God or the Nature and is not genetically created.
2) Common law
Breed improvement has been usual practice since human-being started agriculture.
And only ownership of individual living-things of improved breed has been allowed,
and ownership of improved breed has not been allowed. That is, anyone who obtain
one of the breed has been allowed to have it reproduced and to own the yields.
The gene modification is just one kind of breed improvement method. Only difference
is that it needs more special knowledge and equipments.
3) Contribution of genetic modification to new life
Genetic modification plays an extremely tiny role in birth of new living things. Modified
part of gene is extremely tiny. The modification is actually substitution, addition,
or removal of DNA codes which were created naturally and has existed for long time.
And the biological system making them alive is the core and absolutely was created
4) Incentive to innovation
Our enviroment is constantly changing and population of mankind increases.
In order to feed all the human in any circumstances, we need to develop more effective
method of obtaining food. And this can not but using gene modification so that incentive
to innovation is inevitable. So those who contribute to it must be given appropriate
advantage, so as to try to develop more effective food source. The incentive
has proved to be the only reliable engine which makes things improve in human societies.
5) Right of selecting and using breeds
When farmers want to plant soybean, they have the right of getting seeds of proper
breeds. From usual breeds with no fee, to improved ones with proper fee. The right
comes from the natural law mentioned in the above and anti-monopoly law, and must
be guaranteed by the government and GM companies. If farmers can not but using GM
seeds because seed vendors can not provide seeds free from fee or GM seeds are
natually mixed into usual seeds, it is fault of the goverment and the GM companies.
They are responsible for not destroying pre-existing convention and market of
Thinking the five aspects together leads to the following conclusion. The farmers's natual
right of being able to use both free breeds and improved ones is primary and must not
be limited. And how to give incentive to GM companies is a problem to be solved by
the government and the companies. One way is to determine the proper level of incentive
and to collect them only from large agricultural business. Other way is that the
governmet and world organization compensate for it.