Australian fears that patents could restrict use of life-saving measures

6 August 2009

Australian regulations that allow gene sequences and genetic mutations linked to specific diseases to be patented could restrict access to life-saving diagnostic procedures and actively discourage scientific research, a group of cancer doctors, scientists and patient advocates told a Senate inquiry, reports the Sydney Morning Herald.

Responding to claims by patent lawyers and pharmaceutical companies that a ban on gene patents will damage Australia's biotechnology industry and could see the withdrawal of some medicines from local shelves, the chief executive of the Cancer Council Australia, Ian Olver, said the archaic law, passed in the 17th century, must be urgently rectified or more of the 25,000 human genes would join the thousands already ''locked up'' by commercial monopolies. ''Our potential to profoundly improve patient outcomes may not be realised if an outdated patent system continues to let commercial interests monopolise matter that naturally exists in our bodies,'' Prof Olver said.

Local trade group Medicines Australia, however, argued the current system worked well and changing the law to expressly prohibit the grant of patent monopolies over human gene sequences and genetic materials would place Australian law at odds with the international standards, and could breach trade agreements.

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