Koepsell, David. Innovation and Nanotechnology: Converging Technologies and the End of Intellectual Property.

Bloomsbury Academic. 2011. c256p. illus. bibliog. index. ISBN 978-1-84966-343-4. $75.00. Kindle Edition. B00567BC1I $64.99.

In this book, which the author describes as comprising an “informal IP trilogy” (p. 198), Koepsell (J. D. & Ph.D., State University of New York at Buffalo; Assistant Professor, Philosophy, Delft University of Technology, The Netherlands; Senior Research Fellow, 3TU Centre for Ethics and Technology), an attorney, philosopher, educator, and the author of several books, including Who Owns You and The Ontology of Cyberspace, argues that nanowares (i.e. the ideas and products arising from nanotechnology) demand new approaches to scientific discovery, innovation, and intellectual property (IP). Focusing upon the nexus of science, technology, ethics, and public policy, the author applies ideas of social philosophy to the nanoparticle world. In the first four of nine chapters, Koepsell examines how the academic, government, legal, scientific, and technological communities deal with the development of converging technologies in nanowares. In response to his observations that many of the current models, including intellectual property laws, are becoming or have become obsolete, in the remaining five chapters, he then suggests alternative paradigms. Koepsell posits that current intellectual property laws are artificial, flawed, harmful, illogical, inadequate, inefficient, unethical, and unnecessary. To spark innovation and further develop nanotechnology and nanowares, the author makes the case for rejecting current intellectual property laws in favor of new, more open schemes that consider the unique natures of nanotechnology and nanowares as well as maximize innovation, promote efficiencies, and protect innovators. He proposes a new theory of artifacts, based upon the notion of a “commons by necessity,” that protects man-made expressions without depending upon artificial, illogical, and unjust distinctions. Koepsell further advocates contractual models and those arising from free markets. Well-written, reasonably effectively-presented, given the complexity of its subject matters, and expertly-argued by a scholar, who focuses on interdisciplinary ethical, legal, philosophical, and technological issues, this book may presume that readers possess some foundational knowledge of ethics, intellectual property laws, philosophy, and/or new technologies, as well as of the author’s previous writings. It is highly recommended for upper level university students, researchers, scholars, scientists, and some professionals. This ambitious, original, and provocative, interdisciplinary publication, presenting a controversial approach to the current status quo in the nanoparticle world, belongs in research-oriented library collections found mostly in academic and special libraries. Review copy. Availability: Amazon.com, Barnes & Noble.com

Koepsell, David. Who Owns You? The Corporate Gold Rush to Patent Your Genes.

Wiley-Blackwell. 2009. 187p. index. ISBN 9781405187312. $79.95. ISBN 9781405187305. $24.95

“Who owns you?” According to Koepsell (Assistant Professor, Philosophy Section, Faculty of Technology, Policy, and Management, Technology University of Netherlands, Delft; Senior Fellow, 3TU Centre for Ethics and Technology, The Netherlands; Ph.D, Philosophy, State University of New York at Buffalo, 1997; J.D., SUNY at Buffalo School of Law, 1995; B.A, Political Science/English, State University of New York at Buffalo, 1990; author of several books including The Ontology of Cyberspace as well as scholarly articles; www.davidkoepsell.com), an author, attorney, philosopher, and educator, whose research has focused on the nexus of science, technology, ethics, and public policy, you may be surprised and alarmed to learn that biotechnology companies, universities, and other research institutions now own the exclusive rights to many parts of you. As the aforementioned entities rush to patent the human genes comprising the human genome—the genetic code that largely defines the distinct features of humans, of which one-fifth is fully patented-- gene patenting threatens to infringe upon the rights of individuals and hinder scientific and technological progress. It also violates international agreements and is contrary to historical and legal norms. In this noteworthy publication, the author provides the first, nearly comprehensive study of the practices and implications of gene patenting. Koepsell maintains that gene patenting is harmful and needs to be reexamined. Using scientific findings, philosophical conclusions, and ethical determinations based upon his examination of the ontology of genes, the author advocates immediate legal reform. Among other solutions, he argues in favor of partly revoking intellectual property laws in order to establish the naturally-occurring, human genome as a “commons by necessity” that will not be patentable by companies, universities, or other research institutions. Divided into nine chapters, covering the science of genes, their ontology, the legal dimensions of gene ownership, intellectual property laws, pragmatic considerations, and more, this accessible, expertly-argued, insightful, nicely-presented, sufficiently-documented, interdisciplinary study on the practices and implications of gene patenting will interest general readers as well as students, scholars, and professionals. It will serve as a significant resource for further understanding, knowledge, and research. This book belongs in many large, public, academic, and law library book collections. Highly recommended. Review copy. Availability: Amazon, Barnes & Noble.com