Think Gene Think Gene RSS

a bio blog about genetics, genomics, and biotechnology

DNA Helix

The issue of gene patents [update]

December 1st, 2008 by Josh Hill

Hospitals in Australia are stuck in a bad position when it comes to genetic testing. The Sidney Morning Herald has a piece discussing the patented gene SCN1A, which is used to diagnose a particular type of epilepsy in infants. The company that has the test patented, Genetic Technologies, won’t let hospitals do in house testing. Instead, they must resort to sending samples to Scotland to be tested…a process that takes a lot of time and costs much more than necessary. This results in worse care for the infants.

Babies with a severe form of epilepsy risk having their diagnosis delayed and their treatment compromised because of a company’s patent on a key gene.

It is the first evidence that private intellectual property rights over human DNA are adversely affecting medical care.

This is only the beginning of genetic testing. What role are patents going to play in this, especially considering that they seem to do more harm than good from the patent’s perspective. I wonder if there is some legal loophole that hospitals can use to get around this, at least in the United States. Perhaps it may work if the hospital conducted the test for internal research purposes only and then used the results after it had them, though I don’t know if this argument would hold up in court.

What do Think Gene readers think about this? Let’s hear your thoughts!

Update From Andrew:

I think that Fred Bart is personally accountable for his decision which was to defend his legal property and “maximize stakeholder wealth through a market dominant genetic testing business.” This is entirely within his legal rights to do. Let’s say hello to Fred Bart:

.
Hi, Fred. How’s the textile market lately? That’s great.

Fred, you have willfully chosen to enrich your company and yourself despite the full understanding that your decision will adversely affect the health of babies. That is perfectly within your legal right to do, and others have made and continue make similar decisions to a profitable effect.

However, rather than sucking up to you like every other sycophant because you’re rich and powerful, I instead choose to openly disrespect you. That is my prerogative as a free thinking citizen. F*ck you. That is all the civil recourse I have for you for now, but I am working to change that in the near future. The best of luck to you and your shareholders.

Comments
Tags: genetics, patents

Viewing 4 Comments

    • ^
    • v
    I know one thing that has been used for patent rights: National Security
    National Security could include significant and or expensive health impacts that would degrade the performance of a nation in decision making, resources, and economy.

    If the form of epilepsy mentioned above is sufficiently prevalent and is becoming more prevalent, this could be an example of a national security item and a more efficient form of testing would have to be made available. In this case, a non negotiable royalty, if it has to be that way, could be paid to the patent holder.

    This is only something I am aware of and needs to be looked into further content wise and scopewise.
    • ^
    • v
    Why do people support governments that allow genes (or mathematical formulas or ...) to be patented? Genes that are not modified and were not created. These are not inventions.


    That is the problem, not that some one uses the law as it was intended.
    • ^
    • v
    "Why do people support governments?" Agree or disagree, I dare you to "opt out" of your government. Try it, and see what happens.
    • ^
    • v
    If you want to put your money where you mouth is, email Josh here and Think Gene, and maybe he'll tell you how to buy the supplies and make the primers to do these tests for free / at cost. You could drive around in a van providing free genetic tests to save babies, "liberating the science," for probably less than a few thousand dollars US. It sounds like a good trustafarian grad student project. Fight the man, save babies, hide behind the family trust when your antics piss off powerful people who would crush you otherwise... yah. Much better than "saving the Earth" by smoking organic pot or whatever.

Trackbacks

  1. Save babies, break the law. | Think Gene
    December 8, 2008 @ 6:52 pm

    [...] posted as a comment by Andrew Yates on Think Gene using Disqus. [...]

close Reblog this comment
Powered by Disqus · Learn more