While there will be much celebration and self-congratulations in
the wake of the announcement of the human genome, and extended discussion
about curing diseases and advancing human progress, we should not kid
ourselves about some of the more self-serving interests at work behind
the scenes.
This great scientific advance, which deservedly will be compared with
the splitting of the atom and the race to the moon, has a Janus side--one
not likely to receive much attention amid all of the hype about the
potential medical benefits in store for future generations.
The fact is that, with the map in hand, we are about to witness a rush
to locate a treasure worth far more than any other commercial expedition
in all of history. Using the map as a guide, life-science companies and
genome companies hope to locate all of the 30,000 to 140,000 genes that
make up the genetic blueprint of the human species. Once located, each
gene is being claimed as a patented invention. Already, hundreds of genes
have received patents, and there are tens of thousands left to discover.
Within less than a decade, the human genome will likely be the
intellectual property of a handful of life-science companies and research
institutions, giving them unprecedented power to dictate the terms upon
which the rest of us use this new knowledge in the marketplace and
society.
To understand exactly how much potential wealth is buried inside the
genome map, consider the fact that the average price of being screened
for a genetic disease using one of the hundreds of non-patented genes
discovered before the gene rush got underway was about $50. Today, if a
patient wants to be screened to see if he or she has inherited a gene and
that gene has been patented, the test can cost as much as $2,500. Imagine
the situation in 10 to 15 years when people will want to be screened for
hundreds or even thousands of genes as part of their standard medical
care. HMOs are likely to balk, largely because the costs of screening are
likely to be prohibitive. If health care providers refuse, however, and
patients become ill as a result of having a genetic predisposition that
could have been screened and treated, chances are likely that the
mounting litigation will cost the health care system as much in losses as
the patented gene screenings would have in the first place. In the final
analysis, the only winners are likely to be the life-science companies
because of their hold over the most valuable resource on Earth: the human
genome.
All of which begs the question, how can the genomic companies lay
claim to the individual genes that make up our common evolutionary
legacy? For example, when the chemists isolated, purified and synthesized
the various chemical elements that make up the periodic table, they were
allowed patents on the processes they used to isolate the elements, but
were refused patents on the products themselves--the reason being that
helium, oxygen, aluminum and other chemical elements are deemed products
of nature and therefore unpatentable under patent statutes. Why should
human genes be treated any differently?
It's a question the public should be pondering.
With very few exceptions, virtually all the scientists involved in
this research are bio-prospectors with equity interests and financial
dealings worth potential fortunes. I have yet to hear a single scientist
say that if he or she discovers a particular gene it will be made
publicly available to everyone, free of charge--even though much of this
research is publicly funded by the taxpayer and therefore subsidized from
the outset.
And there is an even deeper issue to consider in this race to patent
individual genes. Every parent ought to ask themselves whether their
children and grandchildren will be well-served growing up in a world
where they come to think of human life itself as just patented genetic
data--chemical codes, owned in the form of intellectual property by
global life-science companies.
We should consider crafting a great treaty to make the human gene
pool--and the gene pool of our fellow creatures--a "commons," held in
trust and administered jointly by every nation on behalf of all future
generations. The treaty could be similar to the one we established making
Antarctica a commons.
As for the corporations' very legitimate claim that they need to
recoup their investments, let them pursue process patents for their work,
but allow the products themselves--the genes--to be held in the public
domain as we did with the chemical elements.
The announcement of the human genome map ought to be regarded as a
triumph for the whole of the human race. Similarly, the knowledge that
will come from locating all the genes that make up our common biological
destiny should be shared as a collective responsibility.
No one doubts for a moment the great potential value in mapping the
human genome. Yet if we are to use this knowledge wisely then we need to
begin by ensuring that it be held in trust on behalf of our species as a
whole and not made the private preserve of a handful of life-science
companies.
Jeremy Rifkin, Author of "The Biotech Century: Harnessing the Gene and Remaking the World" (Tarcher-putnam, 1999), Is the President of the Foundation on Economic Trends in Washington, DC.
Copyright 2000 Los Angeles Times
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