Genetic patent controversy
September 23, 2011
THERE is no case for banning
patents on biological materials,
according to Medicines Australia.
Commenting on the release of a
report by the Senate Legal and
Constitutional Affairs Committee
which rejected a Private Members
Bill that argued for a ban on
patents of biologicals (including
genetic materials), Medicines
Australia CEO Dr Brendan Shaw
said, “It is now time to put this
matter to bed once and for all”.
“Patents on biological materials
are important because they
guarantee ongoing investment in
developing cutting-edge medicines
and therapies,” he argued.
“They ensure Australians have
access to these medicines as soon
as they become available,” he added.
At present there are more than
400 biological medicines under
development worldwide, including
medicines for cancer, arthritis and
Alzheimer’s disease.
The patenting of genetic material
has however been met with fierce
opposition worldwide, with many
consumer groups, governments,
members of the scientific
community and NGOs arguing that
companies do not have the right to
patent something that exists in
nature, and that doing so would
restrict research and genetic testing.
“Naturally occurring human
genes are not invented in the
laboratory and as such should not
be subject to a patent,” said Liberal
Senator Bill Heffernan at the
introduction of the Bill.
“We seek to give Australian
scientists free and unfettered access
to naturally occurring biological
materials for use in medical and
scientific research,” he added.
Shaw however said that patents
drive innovation in a field which
“represents the cutting edge of
medicine”.
“Had this Bill proceeded it would
have put Australia at odds with global
trends in IP protection,” he said.
“It would have threatened access
to the latest medicines and
diagnostics, and violated our
international trade obligations
under the Australia US Free Trade
Agreement,” he added.
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