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Subject:
From:
Karleen Gribble <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Fri, 20 Aug 2004 14:22:29 +1000
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I'm not a lactation consultant or member of ILCA but I would like to make a
comment on this. I don't think that it is likely that those who wrote the
statement about recognising and respecting patents meant the statement to
mean that members should respect the validity of patenting of human milk
components. However, I do agree with Valerie that it could easily be
interpreted to mean just that. Is it perhaps appropriate for ILCA to include
a footnote to the code of ethics so there can be no misunderstanding and for
ILCA to have a position statement on the parenting and genetic engineering
of human milk components?
Karleen Gribble
Australia


 Where I think the =
> misunderstanding has come from is that you read the tenet as requiring =
> the IBCLC to respect the content of a patent, or the philosophy behind =
> the content of a particular patent or group of patents.  What the tenet =
> says is "Understand, recognize, respect, and acknowledge intellectual =
> property rights..." then goes on to list types of intellectual property =
> rights, including patents.  I don't think any IBCLC, myself or the Chair =
> of the Ethics and Discipline Committee of the Board included, would ever =
> agree with the philosophy that components of human milk should be =
> patented.  But with regard to patents, what "respect" means in Tenet 25 =
> is that you don't go and try to patent something yourself, perhaps in =
> another country or legal jurisdiction, that has already been patented =
> somewhere else by someone else.   No one says you have to like the =
> contents of a patent, what it lays legal claim to.

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