Pharmacy Daily | Gene patents debate

THE Royal College of Pathologists of Australasia (RCPA) has expressed discontent with the Federal Court’s decision to turn down an appeal against the Court’s previous decision to allow a patent for a gene which causes familial breast cancer held by the company, Myriad Genetics. The ruling confirms the patentability of human genes under Australian law and has been applauded by Medicines Australia (PD 08 Sep). RCPA spokesperson Professor Graeme Suthers said that genetic testing for mutations represented discovery of a natural phenomenon and hence should lie beyond the scope of patenting. A statement from the University of Newcastle, Australia (UON), has also weighed in strongly against the ruling citing the BRCA1 and BRCA2 patent monopolies also by Myriad and the USA Supreme Court ruling in June 2012 against patents over naturally occurring DNA sequences. Cancer Council Australia similarly criticised the court’s decision, saying the law itself needed to change to protect healthcare consumers from gene monopolies, which could stymie research and increase costs.

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