AIDS TREATMENT NEWS Issue #223, May 19, 1995
On May 18, a coalition of mainstream religious leaders,
working with Jeremy Rifkin of the Foundation for Economic
Trends, who has long opposed many uses of biotechnology, will
hold a press conference opposing the patenting of human and
animal life forms, body parts, and genes. The biotechnology
industry has been surprised by this movement and very
concerned, because it sees such patents as essential for
companies to raise the investment money to develop new
products, including treatments for diseases. According to the
Biotechnology Industry Organization, "Virtually all of the 29
biotech drugs that are on the market have been developed as a
result of patents on genes... Patents are particularly
important because they indicate that a company's research
tool has significant value, and they encourage venture
capitalists to invest their dollars into that specific
company."
Major articles about this controversy have appeared in THE
NEW YORK TIMES, May 13, THE WASHINGTON POST, May 13, THE WALL
STREET JOURNAL, May 15, and also in the May 15 BIOCENTURY, a
weekly faxed newsletter published by BioCentury Publications
Inc. in San Carlos, California. According to THE NEW YORK
TIMES, "Leaders from virtually every major religion in the
Unites States plan to issue a joint statement next week
asking the Government to prohibit the current patenting
practices for genetic engineering."
While business appears to be united in opposing restrictions
on the patenting of human or animal genes, not all scientists
agree. Some are troubled for both religious and scientific
reasons by certain practices, especially patents on human
genes or body parts such as stem cells. One told us of a
number of dysfunctions of the current system of proprietary
ownership of biological products. [For example, a number of
scientists believe that the cholesterol-lowering drug
lovastatin may be useful in the treatment or prevention of
pancreatic, breast, and other cancers, but cancer research
could hurt the drug's commercial value; publicity about the
research would cause some patients to fear that their
physicians were really treating them for cancer but not
telling them, making physicians reluctant to prescribe the
drug. Merck & Co., which owns lovastatin, says that "Merck is
not developing lovastatin as a cancer treatment, because our
review of the reports on the use of lovastatin is that its
effectiveness as a cancer treatment is minimal. However, this
same review has spawned one of the largest research programs
at Merck in what we hope will be the fruitful area of cancer
research."] (The religious coalition opposed to gene patents
is not targeting pharmaceutical patents. Also it is not
targeting plant patents, perhaps to avoid arousing the
agricultural industry.)
Comment
This issue will not go away; both sides are powerful and
deeply concerned, and we believe that many small compromises
and procedural changes will occur over the years. What is
important is that the interests of persons with serious
illness -- and persons who may have serious illness in the
future, which means everyone -- be well represented in any
negotiations and changes which occur. It is not enough to
"just say no" to gene patents and let people die. But unless
workable alternatives are developed before current procedures
are blocked, that is what will happen.
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