Addressing Ethical Concerns
Inventions Considered against Morality or Ordre Public Will Be Excluded from Patent Protection
53. As mentioned earlier, inventions whose commercial exploitation would be contrary to morality or ordre public will be excluded from patent protection. It is likely though, that few patent applications involving genetic material would be refused under this exclusion, given that many genes have already been patented, and have been commercially exploited.
Comment
54. There is likely to be benefit in enhancing IPONZ skills in this complex area, in order that it is best placed to make judgements about interpretation of what constitutes "public morality". There is a requirement that IPONZ consult externally with relevant bodies (such as the Bioethics Council or the National Ethics Advisory Committee) but this still relies on IPONZ first identifying issues that maybe contrary to morality. As part of the process for implementing the proposed changes to the Patents Act, IPONZ should be encouraged to consult widely when developing guidelines for determining when to make a refusal to a patent under the "contrary to morality" exclusion.
55. The role of the Bioethics Council: Toi te Taiao is to enhance New Zealand's understanding of the cultural, ethical, and spiritual aspects of biotechnology through the promotion of dialogue in a more general context. Further public debate on these issues is likely to be enhanced by the Bioethics Council.
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