What if some one monopolized the information that could save your life, or the life of someone you care about? What if somebody would only give you this life altering information if you paid a ransom fee around $1,300? Our mighty friends south of the border are already doing this.
Utah based Myriad Genetics Inc. already holds patents on two genes, BRCA1 and BRCA2. The Utah company offers a genetic test that can detect if a woman possesses a mutation in these genes, and if there is a mutation, a woman may be predisposed to developing breast or ovarian cancer later in life. With this patent, Myriad owns and controls all of the research conducted on these genes, and worst of all, Myriad can use the human body’s information for commercial gain.
Myriad claims Canadian provinces are now infringing on the company’s gene patent by conducting the gene test. The test is being done in all provinces except British Columbia, and the cost is usually covered under Medicare. However, the provinces that continue testing do so at their own legal risk. Currently, Ottawa is fighting this patent and the company’s exclusivity rights, arguing if this information was available in the public domain, more innovations could be discovered. Legally, this test can be done in Canada through a licensing agreement with Myriad, however the samples must be brought to Utah and the price is substantially higher. This price makes it impossible for some women to have this test done. The fact that this company discovered these genes and their link to cancer is nothing short of miraculous, but the fact that this same company can say that Canada cannot have full access to this information is horrifying.
Gene research is a double edged sword. Without patents, investors would not invest the capital it takes to make these discoveries, which would mean we could forget any innovations at all. It’s easy to say that gene research is “good,” and gene patents are “bad,” but without patents, the research may not take place at all.
But how can a patent exist when it hinders the development of better testing methods, and denies many women the opportunity to take preventive measures against developing cancer? Of course Myriad should be placed on a pedestal for discovering the two genes that may predispose women to develop breast cancer, but this patent only allows the economically and geographically privileged to benefit from this discovery, while the others are left to hope for “good genes.”