Media release
Australian Law Reform Commission
Monday, 28 July 2003
Who owns your genes?
Australia must review its patent practices to ensure they encourage further genetic research and development and do not cause cost blowouts or access problems for our healthcare system, leading law reformers said today.
The Australian Law Reform Commission has released an Issues Paper—Gene Patenting and Human Health (IP 27)—as the first stage in a major inquiry into intellectual property rights and practices covering genetic materials and related technologies.
"In this dynamic area of science, patents play a critical role in rewarding innovation and encouraging investment in Australia's growing biotechnology sector," ALRC President Prof David Weisbrot said.
"At the same time, the granting of overly broad or inappropriate patents—or unduly restrictive practices by patent holders—could stifle further R&D and limit access to high-quality, cost-effective healthcare."
There has been increasing concern worldwide about the possible adverse effects on genetic technologies of some existing patent laws and practices, with Canadian and French health ministers speaking out against what they see as the unduly aggressive pricing and licensing practices of some patent holders.
As well, Dr Francis Collins—the US scientist who led the Human Genome Project—recently told the world genetic congress in Melbourne that the US had "led the world into a mess" in gene patenting.
Prof Weisbrot noted that "many concerns about the impact of patents laws on the provision of healthcare relate to claims for monopoly control over clinical genetic testing—not merely the right to set the price, but the right to limit the number of labs which may conduct the test.
"Medical researchers also have expressed concern that the thicket of patents might restrict them from doing the further experimentation that would lead to important advances," Prof Weisbrot said.
"Biotechnology is one of the world's fastest growing industrial sectors, and Australia is a real player—we already have a billion dollar biotech industry, world-class genetic scientists, and strong government support. It's essential that we get both the commercial and healthcare sides of this equation right."
The Issues Paper considers whether government funding and purchasing power might be used to contain the cost of medical genetic testing that is subject to patents. The Issues Paper also looks at:
-
Possible new defences to claims of infringement of gene patents, such as where patents are used for research, for private non-commercial purposes, or for medical treatment;
-
The circumstances in which the Crown use, Commonwealth acquisition or compulsory licensing provisions of the Patents Act may be invoked;
-
Constraints imposed by Australia's obligations under international treaties, and the degree to which these constraints may affect our scope for practical reform at the domestic level;
-
The potential application in this area of other intellectual property laws (besides patents), such as copyright, trade secrets and design laws; and
-
The interplay in this area between patent law and competition (trade practice) laws.
The ALRC's final report and recommendations are due in June 2004.