Thanks for sharing that. (I was actually going to post it also.)  
   
  Seems amazing that gene theory and application would be based on reductionist 
principles...
   
  I have also read that "90% of the genome is noise.  That is, "there is a lot 
of DNA that is "in between" genes.  Since people don't understand it, some have 
called it random "noise"."  
  

Tony Del Plato <[EMAIL PROTECTED]> wrote:
  BIO-IPR docserver | http://www.grain.org/bio-ipr
________________________________________________________

TITLE: A challenge to gene theory, a tougher look at biotech
AUTHOR: Denise Caruso
PUBLICATION: The New York Times
DATE: 1 July 2007
URL: http://www.genetics-and-society.org/newsdisp.asp?id=1226
________________________________________________________

New York Times | July 1, 2007

A CHALLENGE TO GENE THEORY, A TOUGHER LOOK AT BIOTECH

Denise Caruso

The $73.5 billion global biotech business may soon have to grapple with
a discovery that calls into question the scientific principles on which
it was founded.

Last month, a consortium of scientists published findings that challenge
the traditional view of how genes function. The exhaustive four-year
effort was organized by the United States National Human Genome Research
Institute and carried out by 35 groups from 80 organizations around the
world. To their surprise, researchers found that the human genome might
not be a "tidy collection of independent genes" after all, with each
sequence of DNA linked to a single function, such as a predisposition to
diabetes or heart disease.

Instead, genes appear to operate in a complex network, and interact and
overlap with one another and with other components in ways not yet fully
understood. According to the institute, these findings will challenge
scientists "to rethink some long-held views about what genes are and
what they do."

Biologists have recorded these network effects for many years in other
organisms. But in the world of science, discoveries often do not become
part of mainstream thought until they are linked to humans.

With that link now in place, the report is likely to have repercussions
far beyond the laboratory. The presumption that genes operate
independently has been institutionalized since 1976, when the first
biotech company was founded. In fact, it is the economic and regulatory
foundation on which the entire biotechnology industry is built.

Innovation begets risk, almost by definition. When something is truly
new, only so much can be predicted about how it will play out.
Proponents of a discovery often see and believe only in the benefits it
will deliver. But when it comes to innovations in food and medicine,
belief can be dangerous. Often, new information is discovered that
invalidates the principles -- thus the claims of benefit and, sometimes,
safety -- on which proponents have built their products.

For example, antibiotics were once considered miracle drugs that, for
the first time in history, greatly reduced the probability that people
would die from common bacterial infections. But doctors did not yet know
that the genetic material responsible for conferring antibiotic
resistance moves easily between different species of bacteria.
Overprescribing antibiotics for virtually every ailment has given rise
to "superbugs" that are now virtually unkillable.

The principle that gave rise to the biotech industry promised benefits
that were equally compelling. Known as the Central Dogma of molecular
biology, it stated that each gene in living organisms, from humans to
bacteria, carries the information needed to construct one protein.

Proteins are the cogs and the motors that drive the function of cells
and, ultimately, organisms. In the 1960s, scientists discovered that a
gene that produces one type of protein in one organism would produce a
remarkably similar protein in another. The similarity between the
insulin produced by humans and by pigs is what once made pig insulin a
life-saving treatment for diabetics.

The scientists who invented recombinant DNA in 1973 built their
innovation on this mechanistic, "one gene, one protein" principle.

Because donor genes could be associated with specific functions, with
discrete properties and clear boundaries, scientists then believed that
a gene from any organism could fit neatly and predictably into a larger
design -- one that products and companies could be built around, and
that could be protected by intellectual-property laws.

This presumption, now disputed, is what one molecular biologist calls
"the industrial gene."

"The industrial gene is one that can be defined, owned, tracked, proven
acceptably safe, proven to have uniform effect, sold and recalled," said
Jack Heinemann, a professor of molecular biology in the School of
Biological Sciences at the University of Canterbury in New Zealand and
director of its Center for Integrated Research in Biosafety.

In the United States, the Patent and Trademark Office allows genes to be
patented on the basis of this uniform effect or function. In fact, it
defines a gene in these terms, as an ordered sequence of DNA "that
encodes a specific functional product."

In 2005, a study showed that more than 4,000 human genes had already
been patented in the United States alone. And this is but a small
fraction of the total number of patented plant, animal and microbial genes.

In the context of the consortium's findings, this definition now raises
some fundamental questions about the defensibility of those patents.

If genes are only one component of how a genome functions, for example,
will infringement claims be subject to dispute when another crucial
component of the network is claimed by someone else? Might owners of
gene patents also find themselves liable for unintended collateral
damage caused by the network effects of the genes they own?

And, just as important, will these not-yet-understood components of gene
function tarnish the appeal of the market for biotech investors, who
prefer their intellectual property claims to be unambiguous and
indisputable?

While no one has yet challenged the legal basis for gene patents, the
biotech industry itself has long since acknowledged the science behind
the question.

"The genome is enormously complex, and the only thing we can say about
it with certainty is how much more we have left to learn," wrote Barbara
A. Caulfield, executive vice president and general counsel at the
biotech pioneer Affymetrix, in a 2002 article on Law.com called "Why We
Hate Gene Patents."

"We're learning that many diseases are caused not by the action of
single genes, but by the interplay among multiple genes," Ms. Caulfield
said. She noted that just before she wrote her article, "scientists
announced that they had decoded the genetic structures of one of the
most virulent forms of malaria and that it may involve interactions
among as many as 500 genes."

Even more important than patent laws are safety issues raised by the
consortium's findings. Evidence of a networked genome shatters the
scientific basis for virtually every official risk assessment of today's
commercial biotech products, from genetically engineered crops to
pharmaceuticals.

"The real worry for us has always been that the commercial agenda for
biotech may be premature, based on what we have long known was an
incomplete understanding of genetics," said Professor Heinemann, who
writes and teaches extensively on biosafety issues.

"Because gene patents and the genetic engineering process itself are
both defined in terms of genes acting independently," he said,
"regulators may be unaware of the potential impacts arising from these
network effects."

Yet to date, every attempt to challenge safety claims for biotech
products has been categorically dismissed, or derided as unscientific. A
2004 round table on the safety of biotech food, sponsored by the Pew
Initiative on Food and Biotechnology, provided a typical example:

"Both theory and experience confirm the extraordinary predictability and
safety of gene-splicing technology and its products," said Dr. Henry I.
Miller, a fellow at the Hoover Institution who represented the
pro-biotech position. Dr. Miller was the founding director of the Office
of Biotechnology at the Food and Drug Administration, and presided over
the approval of the first biotech food in 1992.

Now that the consortium's findings have cast the validity of that theory
into question, it may be time for the biotech industry to re-examine the
more subtle effects of its products, and to share what it knows about
them with regulators and other scientists.

This is not the first time it has been asked to do so. A 2004 editorial
in the journal Nature Genetics beseeched academic and corporate
researchers to start releasing their proprietary data to reviewers, so
it might receive the kind of scrutiny required of credible science.

According to Professor Heinemann, many biotech companies already conduct
detailed genetic studies of their products that profile the expression
of proteins and other elements. But they are not required to report most
of this data to regulators, so they do not. Thus vast stores of
important research information sit idle.

"Something that is front and center in the biosafety community in New
Zealand now is whether companies should be required to submit their
gene-profiling data for hazard identification," Professor Heinemann
said. With no such reporting requirements, companies and regulators
alike will continue to "blind themselves to network effects," he said.

The Nature Genetics editorial, titled "Good Citizenship, or Good
Business?," presented its argument as a choice for the industry to make.
Given the significance of these new findings, it is a distinction
without a difference.

________________________________________________________

GOING FURTHER (compiled by GRAIN)

National Human Genome Research Institute, "New findings challenge
established views on human genome - ENCODE research consortium uncovers
surprises related to organization and function of human genetic
blueprint", National Institutes of Health, Bethesda MD, 13 June 2007.
http://www.genome.gov/25521554

GRAIN, "Blinded by the gene", Seedling, Barcelona, July 2003.
http://www.grain.org/seedling/?id=239

Barbara A. Caulfield, "Why we hate gene patents", IP Worldwide, 30
December 2002.
http://www.law.com/jsp/article.jsp?id=1039054490790

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