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Nuffield Cirriculum Centre

The Ethics of Patenting DNA

Wed, 6 September 2000

For immediate release

THE ETHICS OF PATENTING DNA AND PROTEINS

Many companies and universities throughout the world are seeking to file patents on gene sequences and proteins. Questions remain, however, over the moral implications of protecting rights to property in this kind of way. The Nuffield Council on Bioethics is holding a series of Roundtable meetings to consider the ethical and legal issues raised by this form of patenting and the implications for healthcare.

Research into DNA and proteins offers the possibility of many different kinds of developments in healthcare. New gene-based tests and drugs for a wide range of common diseases will be developed on the basis of knowledge about the human genome and the genomes of bacteria and viruses. What is the proper balance between public and private sectors in these developments? Will broad patents covering important disease genes such as the breast cancer genes restrict the development of affordable tests? What is the role of patent offices? Are they custodians of public good or servants of enterprise? Does the patent system actually encourage innovation in biomedical research?

These questions will be considered by the members of the Roundtable group. They have backgrounds in moral philosophy, clinical genetics, genomics, patent law, pharmaceuticals and anthropology. The Roundtable meetings will produce a Discussion Paper towards the end of 2000 which will aim to help the Courts, patent offices and policy-makers to develop public policy and professional guidance and to promote public debate.

NOTE TO EDITORS

The Nuffield Council on Bioethics is an independent body which examines the ethical issues raised by developments in medicine and biology. Established in 1991, it is funded by The Nuffield Foundation, the Medical Research Council and the Wellcome Trust.

Membership of the Roundtable

Professor Martin Bobrow
Deputy Chairman of the Council and Head of Department of Medical Genetics, University of Cambridge

Professor Tom Baldwin
Member of the Council and Head of Department of Philosophy, University of York

Professor Brian Heap
Member of the Council and Master, St Edmund's College, University of Cambridge

Professor Marilyn Strathern
Member of the Council and Mistress of Girton College, Cambridge and William Wyse Professor of Social Anthropology

Hon Mr Justice Jacob
Judge of the High Court, Chancery Division

Professor Michael Stratton
Head of Cancer Genome Project, The Sanger Centre, Cambridge

Dr Alan Williamson
Consultant, Abingworth Management Ltd and biotechnology and genomics companies

Professor Joseph Straus
Head of Patent Department, Max Planck Institute for Foreign and International Patent, Copyright and Competition Law, Germany and Professor of Law, University of Munich and University of Ljubljana

Professor John Barton
George E. Osborne Professor of Law, Stanford Law School, USA

Secretariat
Dr Sandy Thomas (Director)
Susan Bull (Deputy Director)
Yvonne Melia (Research Assistant)
Julia Fox (PA to the Secretariat)

The Council has issued the following reports and discussion papers:

Reports
Genetic Screening: Ethical issues (1993)
Human Tissue: Ethical and legal issues (1995)
Animal-to-Human Transplants: The ethics of xenotransplantation (1996)
Mental Disorders and Genetics: The ethical context (1998)
Genetically Modified Crops: The ethical and social issues (1999)

Discussion papers
The ethics of clinical research in developing countries (1999)
Stem cell therapy: the ethical issues (2000)

For further information please contact:
Yvonne Melia, Nuffield Council on Bioethics,
28 Bedford Square,
London WC1B 3JS
Tel: 020 7681 9625, Fax: 020 7637 1712,
Email: ymelia@nuffieldfoundation.org
Website: http://www.nuffield.org/bioethics

Last Updated Thu, 10 June 2004

© NCOB 2004