Thursday, February 22, 2007
"Patenting Life" by Michael Crichton
Genetic projects are costly enough without charging scientists for working with material that is found naturally in the human body. Gene patents may help offset the cost of their holders' research, but only to the detriment of future research by anyone else in the field.
The intent of patent law is to encourage innovation. Gene patenting is not doing this. Instead, critical work is either rendered financially unfeasible, or the exorbitant licensing fees are passed on to the patients.
Gene patents also have the ethically dubious effect of granting their holders ownership of (part of) other people’s bodies. Maybe it’s just me, but the prospect of being someone else’s private property, in whole or in part, just doesn’t sit well.
FYI: Michael Crichton is the author of Jurassic Park, among other things.
The only thing this will do is strengthen pharmaceutical interests (particularly when 'genetic medicine' comes to prominence in the near future), and as you said it, make real progress very difficult. There needs to be action taken against this; it almost seems as if it is some strange concept pulled right out of a science fiction book.
In the EU, at least, there are safeguards which say that if a gene(s) is discovered to code for a protein that could have an amazingly positive effect on mankind then the EU can cancel the patent early and take any necessary action. Furthermore, patents only exist for 20 years anyway.
If you think of a world without gene patents, there might not be any companies willing to do research on new sequences because there wouldn't be any profit in it. At least this way we're promoting scientific research.
Additionally, it is entirely possible for companies to still profit amid competition in the market. To use an obvious example, Pepsi and Coke may be selling similar products, but both remain in business. If anything, the absence of a monopoly keeps the companies on their toes.
A patent that frequently makes research unfeasible for everyone except the patent holders is not conducive to scientific research. Yes, it may benefit the lucky few who hold patents, but this is offset by the degree to which it hampers everyone else.
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