By Derek Brown
Intellectual property laws that have been in place for more than 400 years are being used by pharmaceutical and agricultural companies around the world to engineer ownership of the genes which form human DNA.
After a recent research trip to the US and Europe, Mr James Hazel, a PhD student in Monash University's Law faculty, believes potential breakthroughs in genetics are in danger of being hijacked by drug companies in search of excessive profits.
"Some companies are pouring millions of dollars into programs such as the Human Genome Project in order to be the first to secure patents. This raises a whole lot of ethical and legal issues to do with ownership of genes that need to be resolved," says Mr Hazel.
The Human Genome Project aims to identify the 60,000 to 80,000 genes of human DNA which control all aspects of biological inheritance, from hair colour and size to the likeli-hood of developing cancer.
By isolating fragments of the genes, a company can take out a patent, effectively controlling the use of that gene in medicine, agriculture and research. A patent gives the company a 20-year monopoly, during which time no-one can use the gene without payment of a fee.
Mr Hazel says that under the current intellectual property laws, organisations can choose not to release information about breakthroughs in order to make larger profits from selling drugs and medical techniques assoc-iated with the new discoveries.
"To secure a patent or even boost profits, companies can choose when, or even if, to release research information," he says.
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Researcher Mr James Hazel believes drug companies holding patents should give something back to the community in exchange for economic benefit. |
Mr Hazel cites the example of Erythropoietin (EPO), a gene that helps treat anaemia by encouraging the growth of red blood cells. The synthetic replicants of EPO which make up the drug are expensive and need to be taken frequently as they are quickly lost from the body.
"A compound has been found which helps reduce this rapid loss. This means that the synthetic drug would need to be taken less frequently, which would reduce the cost of treatment by more than 25 per cent," he says.
"The company with the patent on the compound also has a patent on EPO. They have not yet released the compound."
With genetics offering the possibility of new treatments for cancer, AIDS or cystic fibrosis, Mr Hazel believes companies are obliged to give "something back to the community in exchange for economic benefit".
"In Australia, we have compulsory licensing," says Mr Hazel. "This means that if a company does not want to release information about a gene or compound, the government can force it to do so if it feels there is a public need. Neither the US nor Europe have compulsory licensing laws, and Australia has been under pressure from the world community to remove them."
According to Mr Hazel, patents are still necessary to provide incentive for companies to develop and produce new drugs. "Bringing out a new drug is a very expensive process, with companies having to spend between US$20 and $300 million to conduct trials," he says. "They won't do this unless they are going to recover their costs and make a profit."
As a possible compromise, he says, a non-profit organisation similar to the International Red Cross could be set up to actively search out 'socially useful' products being developed by drug companies.
"Such an organisation could buy patents from companies, develop the drugs and sell them at more affordable prices, then use the profits to buy other patents," he says. "In this way, the drug company would get a quick financial return and still have an incentive to conduct research into areas of benefit to the whole community."
And with a little reworking, Mr Hazel believes, contemporary laws could be adapted to accommodate the new genetics.
"There will be unexpected consequences in relation to the emerging genetic technology, and we need to constantly re-evaluate the laws we use. Intellectual property laws survived the Industrial Revolution and, with a little tinkering, they can be adjusted to address current pressures."
The annual Monash Postgraduate and Professional Information Evening provides prospective students with information on a range of postgraduate courses. For more information, contact Ms Duyen Vo on (03) 9905 3087.
