...Gene patenting: recent debate Much of the debate around gene patenting in Australia has been prompted by the case of the BRCA genes. BRCA1 and BRCA2 are human genes that belong to a class of genes known as tumour suppressors. Mutation of these genes has been linked to hereditary breast and ovarian cancer. Patents for these genes are held by Myriad Genetics, an American company, which has granted Genetic Technologies exclusive rights to BRCA1 and BRCA2 testing in Australia. In 2002-3, and again in 2008, Genetic Technologies sought to enforce its rights in relation to the BRCA genes in Australia, including through demands that public hospitals and other laboratories cease to offer the tests. Genetic Technologies later withdrew these demands. However, the episode prompted the establishment of a Senate Community Affairs Inquiry into Gene Patents in 2008 (following an earlier report from the Australian Law Reform Commission in 2004), as well as legal action initiated by Cancer Voices Australia and Yvonne D’Arcy. In 2010, a private member’s bill was introduced into the Senate (the Patent Amendment (Human Genes and Biological Materials) Bill 2010) to prevent the patenting of human genes and biological materials existing in nature. A Senate Inquiry was also established to consider this bill. The Senate Inquiry into Gene Patenting reported in 2010 and made 16 recommendations, none of which specifically aimed to ban gene patenting. In 2011, the Inquiry into the Patent Amendment Bill...
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...Gene patenting Gene patenting is a type of license from the government that gives the right to some companies to control the use of the gene they have patented. Nowadays, gene patenting has become a hot debate all over the world. There are those who believe that human genes should not be patented such as Michael Crichton. He wrote an article named “Patenting Life” in the New York Times against gene patenting. On the other hand, there are also some people who believe that some types of genes can be patented such as John E. Calfee. He also wrote an article named “Decoding the use of Gene Patents” in The American Magazine. The article explained his thought about why human genes can be patents. However, gene patenting is an important thing that...
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...In the articles “Patenting Life” and “Decoding The Use of Gene Patenting”, John E. Calfee and Micheal Crichton discuss gene patenting. Although both authors agree that the prices of gene patenting have gone up, they have different views about genetic changing, specifically if it actually works and if the genes should be restored to the original owner. Next, both authors simplify the meaning and background behind such changes that comes with the genes. This is important because the background information redirects the reader to think about the consequences that goes with studying genetics and gene patenting. As technology advances, more resources have become available to all the people around the world. Along with innovating progress in gene patenting, the prices have increased thousands of dollars. Crichton mentions “...and they raise the cost [of genetic patenting] exorbitantly...” which exhibit that prices have skyrocketed (441). Calfee agrees when he...
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...Should Genes be Patented? Patenting genetic discoveries have proven to be controversial throughout the years. There are now patents that are associated with many of the genes within the human genome. Patents are issued to encourage innovation and protect those investing in genetic research the opportunity to maximize profit. During this period, another party can use the discovery to develop a product only with a licensing agreement; however, basic researchers can use it freely. Some argue that this period of exclusivity fosters commercial development of the discovery by discouraging competition. Yet the patenting of genes is not without controversy. Some reject the entire concept of patenting, while others have objections to the patenting of only specific types of DNA sequences. It has also been argued that patents inhibit or limit biomedical research all together. The patenting of human genetic material raises complex social, ethical, and policy issues such as the potential for discrimination in access to healthcare services or employment, and the implications for ongoing research and access to services. The patentability of inventions concerning human genetic material is determined by the US Patent and Trademark Office (USPTO). To obtain a patent, the invention must meet four criteria. The invention must be “useful” in a practical sense, “novel” (not known or used before filing), “nonobvious” (not an improvement easily made by someone trained in the relevant area), and the...
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...Body Corporate: Who Owns Your Genes? Genes are hereditary an are made up of chromosomes you obtain from each parent that forms a person’s DNA which is what give you your individual appearance, traits, behavior and also can detect how vulnerable you can be to certain diseases. Most people when asked who owns our genes would respond we do but in fact a portion of our genes are “owned” or patented by a company. According to dictionary.com, “gene patenting is allowing unique segments of DNA, which perhaps code for a certain disease or a certain protein, to be owned by an individual or corporation.” By having the ability to run test to diagnose or check to see if a person is at risk for a disease or to be able to save people’s lives is remarkable but at the cost some else owning your genes. Although these are our own personal distinctive genes what makes it right or wrong that they can be patented. Video Review:...
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...legal and social issues that surround the HGP? What are gene patenting and the potential arguments for and against gene patenting? What are my thoughts about the Human Genome Protect and why this was an important projected between the National Institutes of Health and U.S. Department of Energy for a 13 year period. The Human Genome Project was started in 1990, it was supposed to last for 15 years but it only took 13 years complete since the technology was more advanced and accelerated. The goals the National Institutes of Health and U.S. Department of Energy were trying to figure out from this project were to identify all the gene in the human DNA, determine the sequence that make up the pairs of the DNA, store information in databases, improve tools for the analysis for the data, transfer related technologies to a private sector, and address the ethical, legal, and social issues that might arise from this project. Some of the ethical, legal and social issues were the fairness of who would be able to have access for genetic information, who owns the privacy and the confidentiality of this genetic information, the reproductive, clinical, health and environmental issues. The National Institutes of Health and U.S. Department of Energy has dedicated between 3-5% of the annual budgets to study the ethical, legal and social issues that surrounded the availability information for genetics. When it comes to gene patenting inventors have to follow; identify the novel genetic...
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...Genetic Testing and the Human GMO The controversies surrounding genetic testing, patenting and the modification of genes both as used in disease treatment and genetic enhancement are on the verge of becoming larger realities. I Intro The initial draft of the Human Genome project is now completed, giving access to the DNA sequences of a human. But it is not the genetic information that is shared that has come under the greatest degree of interest. Rather, the estimated .001% of variance in the genetic code is the subject of recent and expanding controversy; it is our difference not similarities that are most subject to controversy. One such controversy involves the genetic screening of potential employees, to spot potential problematic areas in their genetic make up. Similarly insurance companies may screen clients before deciding what category of clientele to put them in based on genetic risk factors. But the greatest controversies come with the fact that our genetic make up is alterable. There is substantial research being done on how human diseases can be treated using genetic procedures to replace faulty genes, but who stands to profit from this and what are the potential risks? Furthermore, can a treatment based on human genetic information (which is shared by all) be subject to the same patent laws as are other commonly used medicinal tools and methods? And perhaps the most controversial is the prospect of enhancing humans using genetically fostered techniques...
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...out exactly how each gene functions--and, more important, malfunctions to trigger deadly illnesses from heart disease to cancer (Time 1999). There is a mad race to see who will finish first. A couple of companies are in the running to finish by 2003. Independently funded Celera Genomics Corp. is in first, closely followed by the Human Genome Project, which is funded by the US government, and behind the most powerful country in the world is The Sanger Centre in England. James Watson and others started the Human Genome Project in 1988. James Watson was also the co-discover of the structure of DNA. The human instruction book was thought to take fifteen years and three billion dollars, but the project is ahead of schedule and under budget. At first people felt that we weren’t ready for the start of the Human Genome Project. The Human Genome Project started off slow, but gained much momentum after key scientist and computers were involved. The Celera Genomics company is in the lead because Craig Venter the leading scientist of Celera. Pharmaceutical companies fund Celera Genomics Corp. The pharmaceutical companies back up Celera with funds so when Celera Genomics find genes they patent the genes. Which means the pharmaceutical companies will profit form their patents. Some say that patenting genes is wrong. If Celera finds the sequence that causes heart disease and another company wants to do research on heart disease they can’t, because Celera owns the genes and...
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...If one was able to put their own price on a gene patent, then a lot more clinical research would be easily accessible, thus leading to less expensive testing and a lower amount of deaths. Film producer, Michael Crichton, who wrote “Patenting Life” and an economist in the Bureau Of Economics at the Federal Trade Commission, John E. Calfee, who wrote “ Decoding The Use Of Gene Patents,” discuss the use of gene patents and its negative effects on medical research. Crichton and Calfee both disagree on the handling of gene patents. Each source points out the rising medical costs, monopoly effects and impeding the advancement of future research. Gene patents are shown to gradually increase in price. This can be seen when Crichton talks about how a test for breast cancer which could be done for $1,000 has dramatically increased to $3,000, stating “ Why? Because the holder of the gene can charge whatever he wants and does”(Crichton 441). Believing that everyone should be able to test on the gene patent not solely the company who owns it. On the other hand, Calfee argues that not...
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...organizations expending resources to create a valuable invention. Inventors rely on patent laws to recover the costs of research and development. The most persuasive and controversial argument against patentability of higher life forms are ethical. The Morality Doctrine in the E.U. mentions morality as the relation to the belief that some behavior is right and acceptable whereas other behavior is wrong, this belief founded on the totality of the accepted norms, which are deeply rooted in a particular culture (Campbell, 2007). Although the U.S. does not have a similar doctrine in place, the courts are left to decide what is ethical vs. unethical in terms of patentability. The Supreme Court’s gene patent decision makes patenting naturally occurring genes no longer patentable. Genes that are edited and not found in nature are patentable (National Geographic, 2013). Thus introducing the controversy of what genetic modifications and life forms are acceptable, thus leading to an argument to prevent genetic modifications to maintain an ethical...
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...dissemination of scientific and technical information. *less for certain kinds of patents (e.g. new drugs) Bio-tech Terminology DNA is a double-stranded helix composed of complementary nucleic acid base-pairs: adenine (A) pairs with thymine (T), and cytosine (C) pairs with guanine (G). DNA consists of sequences of nucleic acids, such as ACTTAGGAC. Proteins are composed of amino acids, which can fold to make complex structures (various tissues which form organs ,etc).… It takes three nucleic acid bases (or codon) to code for a single amino acid. A “gene” can be defined as the basic unit of heredity; it carries the information required to make one or more proteins. In human beings, genes include the base-pairs required to make a protein but not the regulatory sequences. Only a small percentage of human DNA, perhaps less than 5%, consists of genes. The human genome includes about 35,000 genes, which code for about 100,000 proteins. The rest of the genome consists of regulatory sequences as well as other DNA base-pairs that have no apparent function, which are also known as “junk DNA.” The USPTO regards DNA sequences as chemicals similar to other isolated and purified compounds, such as digitalis (a heart medication found in the foxglove plant), salicylic acid (an anti-inflammatory medication...
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...have become more and more prevalent. Nowadays, people are trying and in some instances succeeding in trademarking things such as human genes, scents, and even phrases such as Donald Trump’s “You’re Fired”. Kembrew Mcleod in his article titled, “Freedom of Expression: Overzealous Copyright Bozos and Other Enemies of Creativity” analyzes the effects that patents and copyrights have on our society today. Mcleod uses numerous examples and anecdotes to emphasize his main point that patents and copyrights are getting out of hand and restricting our freedom of expression. Mcleod presents a very convincing argument in this article and does a great job explaining how trademark holders are going to the extreme to protect their property. Mcleod believes that our freedom of expression is being eroded because of the expansion of the patent law in the last quarter of the century. As a result, many things are becoming privatized. In the article, Mcleod discusses an incident regarding a man named Moore, who had his spleen removed to treat his leukemia. The doctor that did the procedure patented a cell line taken from his organ without Moore’s consent. The doctor went on to develop a drug from the patent and Moore did not reap any of the benefits of the success of the drug because of the doctor’s patent. This example proves that what some people are patenting these days is getting out of hand. In the article, Mcleod also argues that there is a fine line between intellectual property and freedom...
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...America has plenty of struggling citizens who find themselves homeless and in need of assistance in order to feed themselves, other countries have their population declining because the citizens in those countries have nowhere to turn for the help they need. “The United States is the world’s largest supplier of food aid, reaching fifty-five million people in forty-six countries last year” (Baragona, 2011). Genetically modified foods are foods derived from organisms whose genetic material has been modified in a way that does not naturally occur (World Health Organization, 2014). It allows individual genes to be transferred from one organism to another, even between non-related species. The most common GMO crops are soybean, maize, cotton, and potato. There are many types of GMO. The most common are: a. Modern Biotechnology: using yeast in beer to sophisticated gene therapy b....
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...In the article “The link between patenting life forms, genetic engineering and food security” (Review of African Political Economy, 1998) the author, Wangari Mathai, concludes that transnational corporations should be restrained to patent seeds using genetic engineering biotechnology. She supports her argument with the following claims. Firstly she reasons that corporations gain private monopoly rights on the raw biological materials by confiscating human resources without prior consent. Subsequently, the development of alternatives to the patented material is deliberately blocked. Secondly, Mathai highlights patenting a reason for food insecurity among farmers due to un-reusability of patented seeds. The seeds developed by genetically engineered technology does not germinate after harvesting, thereby, forcing the poverty ridden farmers to purchase seeds every season from the corporation. I agree with Mathai to some extent; however I feel that some of her reasoning requires further elaboration to make her argument more convincing. In my opinion, the author has failed to highlight on the fact that there might be a possible loss of cultural value and traditional community knowledge with limited or no compensation. Patent monopolies on plant varieties threaten developing countries in three ways. First, by increasing prices so far that most citizens have zero access to these new developments; second, by blocking local production whenever the patent owner so chooses and lastly...
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...primary goal of determining what makes up the human DNA, identifying the total genes, and mapping the human genome. The sequencing of the human genome is the largest undertaking in biological science, and is a huge achievement in the scientific community. The project was completed in 2003 and gave scientists the ability to read nature’s genetic blueprint of a human being. Those scientists and medical professionals who were excited about the HGP saw clearly how genomics would advance medicine. Genomic findings have advanced the diagnosis and treatment of many diseases. “Already, doctors can better categorize some cancers by examining the constellation of genomic changes in an individual tumor rather than simply establishing the anatomical origins of that tumor; this refined categorization will often lead to more appropriate treatment” (Nov. 2011: Human Genome Project Produces Many Benefits, n.d.). Medical treatments for common medical issues are also benefiting from the HGP. Some medications can be effected by gene variants that compromise the effectiveness of the medication while other gene variants can heighten the effectiveness. “Testing the patient’s genome first can make the treatment more effective by minimizing the risk of prescribing the wrong dose” (Nov. 2011: Human Genome Project Produces Many Benefits, n.d.). What the HGP did when it achieved its goal of identifying all the genes in human DNA, and determining the sequences of the chemical base pairs was to open...
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