Gene Patenting

[Dr Jekkyl]

The implications of this ruling are significant.

I think we should be very worried.

[Herrod Motorsport]

I am really concerned

[Trevor 57]

We are concerned as well, corporate greed gone mad, this decision has nothing to do with helping "fellow man"

[Maka]

What, people before money? Yeah right.... This ruling stinks & its a sign of the times unfortunately.

cheers, Maka

[buggo]

Just so I'm clear on what happened,
Myriad Genetics patented the BRCA1 gene, so they 'own' it, and now are stopping any reseach towards a cure because no one is allowed to study this gene because this American place 'own' it now?

If how I've read it is how it actually is, everyone on this planet is just a pawn in a select few's game for money.

[FGII-XR6]

you have to bear in mind they would have spent a fortune isolating the gene in the first place so they need to be able to recoup their investment. yes large corporations are profit driven but if they weren't they wouldn't bother with investing in research and we wouldn't have the many treatments we have today for many conditions.
remember no one pays them for failed research. they have to wear the cost.
maybe the result in court is not ideal but we need to ensure that research will continue , removing the incentive ( money) will guarantee that research will stop or dramatically slow down.

[WMD351]

Originally Posted by buggo

Just so I'm clear on what happened,
Myriad Genetics patented the BRCA1 gene, so they 'own' it, and now are stopping any reseach towards a cure because no one is allowed to study this gene because this American place 'own' it now?

Genetic Technologies owns the exclusive licence to the gene in Australia, but has not been enforcing its rights to control research and testing.

This has been happening for a few years now, quite a contentious issue in my opinion. If you want to take advantage of the ton of work they've done, then you might have to pay them a royalty at some point.

If I decide to duck out to they back shed and map out a human gene on the workbench should I be forced to then give away the results of my all nighter of work for free? Morally and ethically for the benefit of the human race, yes... but then again if I choose to screw up the bit of paper and toss it or maybe use it to roll a spliff, or if I want to try to sell it for cash, shouldn't that be my right?

edit: actually I should add that there's a huge race on at the moment amongst the mostly American companies to map out and patent as many genes as possible. As a result of this the information needed to research cures, medications, and all manner of other helpful benefits is going to be available for use by the world an awful lot sooner (decades sooner) than it would be if we had to wait around for government owned (and underfunded) facilities to do it.

[Maka]

If you are smart enough to go to your back shed & isolate a cancer gene you're obviously smart enough to invent the testing procedure also, its the testing procedure that warrants the patent not a naturally occuring gene imo.

cheers, Maka

[FGII-XR6]

so when you or a family member are dying and no cure is available because no one would do the required research you would say " that's ok at least no one made money from doing research to develop a cure" ? no I didn't think so

Originally Posted by Maka

If you are smart enough to go to your back shed & isolate a cancer gene you're obviously smart enough to invent the testing procedure also, its the testing procedure that warrants the patent not a naturally occuring gene imo.

cheers, Maka

[Maka]

Sorry i dont agree with your logic bud, its irrattional & short sighted. They would make the same money by patenting the testing procedure - if the powers to be legislate boundries concerning this issue we wouldnt be having this debate...

cheers, Maka

[FGII-XR6]

think of it like this. Company A spend $200M doing the research to isolate the gene. the test is going to take a lot longer and more money to develop. they are over extended at this stage and this may delay development for a year. Company A could get company B involved as a partner to accelerate development but company B find this out and as company A have no protection they use all their work with no compensation. Company A is $200M out of pocket and goes bankrupt leaving hundreds out of work and not receiving their entitlements all because there is no protection on their initial investment.
sounds a bit unfair to me. someone will always profit it's just a matter of if it was the one who put in all the hard ground work or an opportunist parasitic company who uses legal theft to get ahead.

Originally Posted by Maka

Sorry i dont agree with your logic bud, its irrattional & short sighted. They would make the same money by patenting the testing procedure - if the powers to be legislate boundries concerning this issue we wouldnt be having this debate...

cheers, Maka

[WMD351]

Originally Posted by Maka

Sorry i dont agree with your logic bud, its irrattional & short sighted. They would make the same money by patenting the testing procedure - if the powers to be legislate boundries concerning this issue we wouldnt be having this debate...

cheers, Maka

Can't say I know what's involved in regards to the nuts and bolts of the testing procedure so I won't comment on that.

[Maka]

"Company A could get company B involved as a partner to accelerate development but company B find this out and as company A have no protection they use all their work with no compensation."

Company "a" deserve bankruptcy because they didnt get company "b" to sign a NDA...I understand what your getting at but there are protections in this situation. Or are you talking about industrial espionage when you say company b find this out? If thats the case its got nothing to do with this debate lol!

http://inventors.about.com/od/nondis...disclosure.htm

cheers, Maka

[Iggypoppin']

The bit that stands out for me is the judge awarding costs to the genetics company, at the expense of a cancer sufferer and a cancer charity. Bit harsh if you ask me.
I agree with him in terms of his ruling in that the company has isolated the gene and that it is no longer a product of nature.

[hawkgirl]

Originally Posted by Iggypoppin'

I agree with him in terms of his ruling in that the company has isolated the gene and that it is no longer a product of nature.

no.
no,no,no,no,NO.

this gene has managed to express itself in quite a few of my family. So much so that I have been recommended to get genetic testing with the view to a preventative double mastecomy.

Are you trying to say to me, that this gene that occurred naturally within family members, isnt a product of nature? Am I, and others at risk, expected to pay them a royalty if I actually get the big C from this?

they may have isolated it,yes, but they sure as hell didnt make it.

[Maka]

This link is a bit old but informative-


http://singularityhub.com/2010/08/11...atented-video/

cheers, Maka

[mik]

so if another company want to work on this gene they have to pay this mob royalties or something?
are other companies going to want to work on said gen if this mob owns it?.........
the judge screwed up imo.

[Iggypoppin']

Originally Posted by hawkgirl

no.
no,no,no,no,NO.

this gene has managed to express itself in quite a few of my family. So much so that I have been recommended to get genetic testing with the view to a preventative double mastecomy.

Are you trying to say to me, that this gene that occurred naturally within family members, isnt a product of nature? Am I, and others at risk, expected to pay them a royalty if I actually get the big C from this?

they may have isolated it,yes, but they sure as hell didnt make it.

Fair enough, and I really hope that no one in your family develops cancer. Too many of my own family members have it.
I think they should be able to patent the gene, but not withhold their findings in the name of money over human health.

[Maka]

"The Human Genome Project was a 13-year-long, publicly funded project initiated in 1990 with the objective of determining the DNA sequence of the entire euchromatic human genome within 15 years"

From what ive read, Myriad already own the testing patent in the states ($3000usd a testkit) & here i gather, using a public funded initiative (The Human Genome Project) to further their corporate earnings & now awarded the patent to the gene - go the daily double! What next?

p,s Hawkgirl my prayers to you i hope you stay all good & healthy!

[Sprint]

that gene is resposible for making humans into cyborg soldiers.

[Gaz]

Well if they 'own' the gene wait till some smart bugger sues them for their gene giving them cancer!

IMO the whole patent system needs a rethink (ala apples patented rectangular device with screen crap).

In the future we might be saying thank you places like china who give the big FU to some of this crap.

[Cheese3]

reminds me of the movie Repo Men , money before life . . . sad really