John
Sulston
Wellcome
Trust Sanger Institute, Hinxton, Cambridge, UK
Lancet 2003; 362: 400-02 Volume 362, Number
9381 - August 2003
Website:
http://www.thelancet.com/journal/vol362/iss9381/full/llan.
362.9381.editorial_and_review.26712.1
Keeping
of data in the public domain
Issue
of patents and intellectual property
Ways
to move forward
Conclusions
- References
"......Why
was it necessary for the public laboratories and databases to make such a fuss
about keeping the data in the public domain? From the point of view of
scientific research, the chief reason is that genome sequences are about as
basic as you can get in terms of biological information. Of no practical use
in themselves, they provide fundamental knowledge that has to be interpreted
and employed--a tool for future research. Furthermore the sequences are so
complex that it is impracticable for investigators to publish and discuss
interpretations without the freedom to transmit the underlying information.
Private sequence databases are, therefore, of limited value; subscribers who
pay to view them must necessarily contract not to redistribute the information
or the data would quickly become public and lose their business value. The
consequence of dependence on private databases for fundamental information
would be severe curtailment of scientific networks...."
Discussion
Paper:
The ethics of patenting DNA
Nuffield
Council on Bioethics, Medical Research Council, the Nuffield Foundation
and the Wellcome Trust, 2002
Discussion
paper available as PDF file [109p.] at:
http://www.nuffieldbioethics.org/filelibrary/pdf/theethicsofpatenting
dna.pdf
".....Several
thousand patent applications have been made on human genes. But the
substantial increase in the rate of patenting of DNA sequences has led to
considerable debate about the acceptability of this practice.
This
Discussion Paper argues that patents involving DNA sequences should be the
exception rather than the rule. It makes recommendations for future policy in
the area, including a number of significant changes to the way that patents
are granted involving DNA sequences. Most importantly, the tests of
inventiveness and usefulness should be more rigorously applied when
considering if a patent should be granted.
The
Paper also notes that some patents that have already been granted are of
doubtful validity and makes recommendations to limit the possible adverse
effects of these patents......"
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