Bio Patenting Bio Piracy

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BIO PATENTING BIO PIRACY

This was a panel discussion at Global Partnership at the
Barbican Exhibition Halls in November 95

Kevin Moody, lawyer spoke first.
His clients are pharmaceutical companies. As Chairman, he
said he was neutral, but his clients are mainly
pharmaceuticl companies.

Examples a non-squashy tomato; a genetically engineered potato
with antibodies to Hepatitis B.
He said "One part of the Patent Office is opposed and won't
grant patents; the other part will grant them. Law cannot
make up its mind. And politicians are no better.

Steve Emmett, a lawyer advises a NGO which is opposed to
patenting life-forms. We cannot treat life as a commodity
which can be owned. A petition against it has been signed by
36 NGO's , church groups e.g. organisations such as Compassion
in World Farming.

Examples of Bio patents could be human tissue, methods,
treatments, plants seeds, etc. It gives exclusive commercial
right of exploitation to owner. Intellectual ownership mens
ownership of essence of invention, which Mr. emmett thinks is
all right for items like photocopies but not for life-forms.

IN Munich there was a discussion on the morality of the
ONCOMOUSE and in patenting a mouse designed to suffer and die
from cancer.
He believes that biotechnology companies are scouring the
world for genetic material.

A man called John Moore suffering from leukaemia had operation
on his spleen (a life-saving op. - but in the process a doctor
afterwards reserved some cells from this and cultured them.
These were patented without John Moore's knowledge.

Import substitution in 3rd world people can grow crops and
export them, but if the same are synthesised in Northern
factories, we are denying export opportunities to the 3rd
world.
However local and indigenous people's property rights can be
recognised.
At the moment, the Free market and Bio Gold Rush are taking us
in the opposite direction.
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-------------Tim Roberts works for Zeneca seeds. A chemist and
patent agent.
Patent does not CONTROL KNOWLEDGE of invention.
" " " " private use.
" " " " research on the invention.
He thinks commercial protection is very important, in order to
encourage investment e.g. in new drugs.
Company loses money during the research period, only regains
it after considerable sales of drug and more sales needed to
make profit. Patents, he says last only 20 years. (I wonder if
they can be renewed)?

On cannot patent discoveries (new knowledge) - An invention is
a new process or thing with a definite use, may be based on
new knowledge, but is not the knowledge itself.
One cannot patent artistic works.
" " " anything that already exists (This excludes
quite a lot)
Examples of biotechnologies patentable:_
A new protein.
An artificial DNA sequence.
Natural DNA sequences isolated from nature.
New commercial uses of DNA, proteins etc.
New bioenergetical organisms, cells, plants, animals
(Controversial)
There is a CONTRAVENTION against patents which are IMMORAL.
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Biodiversity Convention
Cannot take material from 3rd world without compensation.
(including biological material)
Patens are going to be an important part of this.

Paul - An agricultural economist.
Patent system values work of scientist, not that of farmer.?

Bio Piracy means that genes or living organisms have often
been taken from the SOUTH by the NORTH. Over 7000 drugs are
derived from plants from the South.
Genetic variation constitutes valuable resource.
In the past much of our drugs and food plants derived from S.
World material.
Aspirin was derived from traditional Arab folk remedy.
Material continues to be stolen from Africa. Some people
cannot afford patenting - farmers cannot protect their own
resources.
Farmers may have to pay royalty every time they resow SEEDS!!!
He remarks that some scientists are committed top free
exchange of material. This encourages innovation even more
than patents do!
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Questions followed.
Zeneca chemist said:- Improved seeds are the only ones that
can be patented. He said "Best source of germ plasma is from
our competitors - analysing their products!" not from 3rd
world.