[Pharm-policy] France/EU news regarding gene patents

[James Love]

Subject: PATNEWS: Biopatent news; German Softpats; Cuba; Architectural design
     Date: Thu, 6 Jul 2000 03:50:15 -0400 (EDT)
    From: Gregory Aharonian <srctran@world.std.com>

!20000706  Biopatent news; German Softpats; Cuba; Architectural design

Some random intellectual property news.

    [snip]

    --  France protesting EU directive allowing human gene patents
    --  Council of Europe parliamentarians want ban on human gene patents

    [snip]

Greg Aharonian
Internet Patent News Service
                              ====================

     [snip]

    --  FRANCE PROTESTING EU DIRECTIVE ALLOWING HUMAN GENE PATENTS

The 23 June 2000 issue of Science, page 2115, has an article on how France
is upset with a July 1998 EU directive allowing human gene patents, which
the 15 EU members have to enact by 30 July 2000, though none of them have
done so.  France is arguing that the directive contradicts French bioethics
laws, which forbid the patenting of any part of the human body.

Part of the problem is the weaseling language in the EU directive (much
like the NIH has to do paper over the contradictions between the ethics
of Congress and the sciences of science).  One on hand the directive
states that "the sequence or partial sequence of a gene" cannot be
patented, but later on goes on to say that "an isolated element of the
human body ... produced by a technical process", including a gene
sequence, can be patented "even if the structure of this element is
identical to that of a natural element".

An example of abuse they point to is Human Genome Sciences' patent on
CCR5, a human gene patent sequence HGS patented before others learned
that CCR5 is a coreceptor for the AIDS virus and a target for anti-HIV
therapies.  Does HGS deserve any royalties from sales of any future
products based on others' discoveries all because it has a patent on
the gene sequence?

French National Assembly deputy Jean-Francois Mattei, a pediatric
geneticist, has launched a petition against the directive, which has
more than 4500 signatures (www.respublica.dr/sos.humangenome/index1.htm).
EU's official response is a) it isn't contradictory, and b) if it is,
well EU law takes precedence over national laws.  EU officials also
threaten to launch proceedings against any EU members that don't start
implementing the directive after the 30th.  France Biotech (the French
equivalent of the US's BIO) supports the EU directive.

                              ====================

    --  COUNCIL OF EUROPE PARLIAMENTARIANS WANT BAN ON HUMAN GENE PATENTS

HUMAN GENES CANNOT BE PATENTED, SAYS ASSEMBLY
Council of Europe Parliamentary Assembly, Strasbourg
URL: http://www.coe.fr/cp/2000/489a(2000).htm

STRASBOURG, 29.06.2000 - Council of Europe parliamentarians today called on
the 15 European Union countries to renegotiate an EU Directive that allows
patenting of human genes.

The Assembly agreed to the call, made by French parliamentarian and
geneticist Dr Jean Francois Mattei (LDR) and Dr Wolfgang Wodarg (Germany,
Soc), that EU directive 98/44/EC should be renegotiated straight away, with
time allowed for a proper public debate. The directive - which has not yet
been transposed into national legislation in any of the European Union
member states - says that a gene may be patented if isolated from the
human body.

The Assembly backed countries that have brought cases against the directive
to the EU Court of Justice in Luxembourg.

The Assembly also asked the Council of Europe Bioethics Committee to work
alongside other international organisations to find out if the approach to
new medical and bio-technology advances in varying countries is in line with
the fundamental ethical principles of human rights and dignity. This would
allow procedures to limit commercial use of the human body to an absolute
minimum, ensure informed consent and guarantee that genes were used for
legitimate advances in human health care.

It asked the Council to draw up an international convention with worldwide
cover on the use of living matter.

Mr Mattei stressed that the Council must act in its role as watchdog for
human rights and dignity.

"The human body is not a saleable commodity - and nor are its genes," Mr
Mattei told the Assembly. He warned that American companies were patenting
human gene sequences for breast cancer genes - giving them an effective
monopoly over every woman on the planet.

"We could get to the point where we see trade names printed on human genes
in the same way that exporters stick their logo on bananas," he said.

"Neither electrons nor the Internet were patented, and both have led to
important advances."

Press Contact :
Christiane Dennemeyer or Cathie Burton, Council of Europe Press Service
Tel. +33 3 88 41 25 63 / +33 3 88 41 28 93 - Fax +33 3 88 41 27 90
E.mail : PressUnit@coe.int

   [snip]


=======================================================
James Love, Director           | http://www.cptech.org
Consumer Project on Technology | mailto:love@cptech.org 
P.O. Box 19367                 | voice: 1.202.387.8030
Washington, DC 20036           | fax:   1.202.234.5176
=======================================================