Pharmacy Daily | Genetic patent controversy

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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