Can I Copyright My Genomic DNA Sequence to Prevent Unauthorized Replication?

Copyright law is designed to protect creative works that are fixed in a tangible medium. However, when it comes to genomic DNA sequences, the nature of these sequences and the legal jurisdiction of copyright reveal that they are not eligible for such protection. This article explores why genomic DNA sequences are considered to be naturally occurring and not subject to copyright or patents, and what this means for preventing unauthorized replication.

The Nature of Genomic DNA Sequences

Genomic DNA sequences are a fundamental aspect of human and organismal biology. They consist of genetic information inherited from parents and are the blueprints for the development and function of living organisms. Unlike traditional creative works, like novels or paintings, which require ideation and creative effort, genomic DNA sequences are the product of biological processes that occur naturally and uncontrollably within an organism’s body.

Legal Implications of Copyrighting Genomic DNA

1. Natural Occurrence and Creative Effort: Copyright law grants protection to creative works that involve mental and physical effort to create something new and original. Genomic DNA sequences are not the result of such creative efforts; they are the result of natural biological processes. Thus, they do not meet the criteria for copyright protection.

2. Lack of Control Over DNA Replication: People do not have control over the creation and duplication of their DNA. These processes occur naturally within the body, without the individual's involvement or permission. Efforts to prevent or control this process are beyond human capability.

Jurisprudence and Legal Precedents

The landmark case Association for Molecular Pathology v. Myriad Genetics (2013) further solidifies this position. In this case, the U.S. Supreme Court ruled that naturally occurring DNA sequences are not patent-eligible. The court held that they are not the product of human ingenuity and thus do not satisfy the criteria for intellectual property protection.

3. Global Trends in Legal Protection: Given the natural and biological nature of DNA, many legal systems worldwide have declared that natural occurring DNA sequences are explicitly non-copyrightable and non-patentable. While there may be other measures to protect genetic information, such as trade secrets or confidentiality agreements, traditional copyright and patent protection are not viable options.

Conclusion and Legal Considerations

In conclusion, it is not possible to copyright a genomic DNA sequence based on current legal standards. The DNA sequences are considered to be naturally occurring, lacking the elements needed for copyright protection. Even in the absence of copyright, other measures can be explored to protect genetic information, such as legal agreements and regulatory frameworks. However, these alternatives are different from the concept of copyright and have their own set of challenges and considerations.

Keywords: genomic DNA, copyright, patent, intellectual property, natural occurrence