Geertrui Van Overwalle (Leuven University - Center for IT and IP Law) has posted Gene Patents and Human Rights (in Intellectual Property Law and Human Rights. Third edition, Paul L. C. Torremans (ed.), Kluwer Law International, 2015, 871 – 914) on SSRN. Here is the abstract:
Over the last decade, the relationship between intellectual property rights (IPRs) and human rights has gained wide academic attention. In this expanding stream of research, scholars have also started to explore the particular relationship between patent law and human rights law in more depth. The present paper examines a specific theme within that research stream, and focus on the interplay between patent law, as applied to human genes and genetic diagnostic methods, and human rights.