Framing Ethical Concerns and Attitudes towards Human Gene Patents in the Chinese Press

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Framing Ethical Concerns and Attitudes towards Human Gene Patents in the Chinese Press Li Du 1

& Sijie

Lin 1,2 & Kalina Kamenova 3

Received: 12 February 2020 / Revised: 30 June 2020 / Accepted: 2 July 2020 # National University of Singapore and Springer Nature Singapore Pte Ltd. 2020

Abstract This study examines the representations of human gene patents in Chinese newspapers. We conducted a qualitative content analysis of news articles published between 2006 and 2017 to identify the major themes in media coverage, ethical considerations, perceptions of risks and benefits, and attitudes towards the patentability of human genes. The results show that two key ethical concerns were expressed by journalists: (1) that it is morally wrong to own or patent human genes and (2) that gene patents could potentially impede patients’ access to healthcare services. Nonetheless, the press coverage has tended to be largely favorable (57.8%), rather than opposed (17.8%) to human gene patenting. There were no normative claims that human genes should not be patentable in China, which indicates a generally positive attitude towards patentability in media discourse. Most articles that expressed criticism toward gene patenting discussed challenges in other countries, with significant attention given to the United States Supreme Court’s ruling in the Myriad case that invalidated Myriad Genetics’ patents on the BRCA1 and BRCA2 genes. Overall, the newspapers were uncritical of the Chinese gene patenting regime. News reporting on the issue was highly suggestive of a strong pro-commercialization stance, although some discussions emphasized potential risks over benefits. Our analysis highlights the need for balanced media reporting on human gene patents in China and a top-down approach to engage the public in substantive discussions on the ethical and societal implications of the existing patent regime. Keywords Chinese newspapers . Content analysis . Human gene patents . Patentability

* Li Du [email protected] Kalina Kamenova [email protected]

1

Faculty of Law, University of Macau, Taipa, Macau SAR

2

C&C Lawyers & Notaries, Macau, Macau SAR

3

Canadian Institute for Genomics and Society, Toronto, Ontario, Canada

Asian Bioethics Review

Abbreviations BRCA 1 Breast cancer gene 1 BRCA2 Breast cancer gene 2 cDNA Complementary deoxyribonucleic acid DNA Deoxyribonucleic acid CHEO Children’s Hospital of Eastern Ontario LQTS Long QT syndrome ACLU American Civil Liberties Union

Introduction In 2016, the Government of China launched a key national project to advance genomics research and the development of precision medicine (the Ministry of Science and Technology of the P.R. China 2016). The program invests in innovation that supports the expansion of precision medicine technologies, including gene sequencing and genetic testing research, with the objective of translating relevant research into clinical practice (Cyranoski 2016). In the field of biotechnology research and development, the current patent regime is considere