-Caveat Lector-   <A HREF="http://www.ctrl.org/">
</A> -Cui Bono?-

Human gene patenting = slavery.

Dave Hartley
http://www.Asheville-Computer.com/dave


GUARDIAN (London) Tuesday January 18, 2000

Gene patenting: editorial
The gold rush for genes
        It must be stopped: they belong to us

Human genes should not be the subject of patents. Processes and
applications that arise from their discovery yes: but the genes
themselves, never. And if the law - in Britain or Europe - is capable of
being interpreted otherwise then the law must be changed. In a civilised
world it should not be necessary even to have a discussion about this: but
it is both necessary and urgent because of the imperialistic way some
American biology companies are trying to claim the products of evolution.
The latest, as reported in this paper yesterday, is the Salt Lake City
corporation, Myriad Genetics, which claims to have "patented" two genes
for breast-cancer screening (BRCA and BRCA2) and is moving in on the
European market to exploit what they hope will be a monopoly position. A
European directive on patents, to be incorporated in British law in the
summer, is ambiguous on the topic. In this instance, Myriad's claims are
themselves in dispute because of the pioneering work done in this country
by Cambridge's prestigious Sanger Institute and the Institute of Cancer
Research (which claims that it discovered one of the genes first).

Either way it should not be patentable and especially not by privately
owned corporations which often come on to the scene late in the day after
the huge cost of basic research has been done by publicly funded
institutes like Sanger, which put their discoveries into the public domain
for free. This is altruism, but it also makes business sense because all
the pharmaceutical and biotech companies can then have access to all of
the research. If they then devise processes using those gene sequences to
make themselves lots of money, that is fine. It can take a decade and
hundreds of millions of pounds to bring one of these discoveries to market
and most are abandoned long before they get that far.

Corporations rightly require profits proportionate to the big risks they
take. No one argues with that. But it does not mean they can rush in at
the last minute and patent the rights to the basic ingredients of human
life. It is like a company joining a gold rush after all the research and
mining has been done to snap up all the nuggets lying around. Who owns the
blueprints of life is one of the most important issues to be faced during
a century expected to witness an explosion of activity in biotech
industries. The ground rules of this revolution must be established hard
and fast: and now.

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