Phyllis,
You wrote,
"I would like to think that this tenet of the Code of Ethics means you can't
violate it, as in take it, or part of it, and claim it as your own, or
print/quote it without permission of the author. But then, government
information is Public Record, isn't it?
I would hope it does NOT mean we can't rail against it, protest it, call
attention to it, etc.
We do that against books, photos, advertisements, etc with content we
object to. We are not mandated by IBLCE to accept and respect the content
of those copyrighted materials, just the owners' rights of authorship."
According to this IBCLE ethics code, we understand, recognize, respect and
acknowledge patents. Acknowledge means to "recognize the authority, validity,
or claims of." Legally according to my dictionary it means "to confirm as
binding or as legal force." Which would seem to me to curtail any protest
regarding patenting. Thus IBCLC's by this code are accepting as valid the patenting
of life, the patenting of human milk components by anyone, including the infant
formula industry. Rather ironic don't you think? We will be acknowledging
the validity of Nestle of Japan's claim to the invention of human lactoferrin
to inactivate and treat HIV/AIDS.
I do not accept the validity of claims by anyone that they "own" or have
"invented" a human milk component. But obviously the IBCLE does and lactation
consultants will have to accept the validity of theses claims, too.
Phyllis you wrote,
"While quoting from a book or news article, or reproducing a picture without
permission of the author is a violation of copyright, I don't believe that
is true of patents. Government (USA) publishing is, I believe, considered
to be public record and available to anyone. I believe the content is
private to the R&D developers up to the point that it is published by the
Patent Office...but I'm not a lawyer."
I am not a lawyer. I am not concerned about the publishing (copyright)
aspect of patenting. I am concerned about the ready acceptance of something as
complex ethically as the patenting of life. The debate on this is intense among
biotechnologists, ethnicists, and various religions. By acknowledging
patenting, you accept the patents on life and patents on transgenics. Transgenics
means that genes of animals are mixed with human genes, or genes of plants are
mixed with human genes. There are a large number of patents on transgenics.
Is this what the breastfeeding community believes must be respected and
acknowledged? We will respect and acknowledge that some man at Baylor College of
Medicine invented human lactoferrin or some men at John Hopkins invented HMFG?
Who will profit from this ownership? Women and babies? Ethics???
Valerie W. McClain, IBCLC
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