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“One of the controversies surrounding issuance of patents
covering naturally occurring mutations, the occurrence of which
correlates with an increased risk of developing disease, is the
belief that they will be used to prevent doctors from practicing
medicine. Some fear that patents on fragments of DNA might also
impede basic research due to complicated licensing webs.” [1]
The fear mentioned in the statement above is founded in the same
belief system that argues genetic patents will hinder “pure”
scientific research by limiting the ease with which information
is shared. At its core, medicine is science, so this should not
be surprising. What is surprising is that with concern over the
increasing cost of medical care, the biotech industry used the
very argument leveled against them to oppose the granting of
genetic patents to the National Institutes of Health (NIH).
“The Industrial Biotechnology Association (IBA), which
represented 125 larger companies, including 80% of U.S.
investment in biotechnology, …suggested that issuing the NIH
patents would increase costs of product development as well as
risks of future patent infringement litigation.” [2]
“…the Pharmaceutical Manufacturers Association… actively
opposed the NIH patent in a May 28, 1992 letter to Louis W.
Sullivan, the Secretary of HHS, saying that ‘a governmental
policy of ownership and licensing of gene sequences would
inevitably impede the research and development of new medicines
in this country.’” [3
[1] “Ethical Issues and Application of Patent Laws in
Biotechnology” by Rochelle K. Seide, and Carmella L. Stephens.
[2] “Patenting Human Genes The Advent of Ethics in the
Political Economy of Patent Law” by Ari Berkowitz
[3] “Patenting Human Genes The Advent of Ethics in the
Political Economy of Patent Law” by Ari Berkowitz |