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2016, Journal of Law and the Biosciences
and Director of the Centre for Law and Genetics. The broad theme of her research is the regulation of biotechnology and human genomics and genetics. She is particularly interested in the commercialization of genetic knowledge and patenting of
Today's Esquire, 2022
The ultimate path that precision medicines will take is unclear, although it is already apparent that diseases that hitherto were classed as ‘untreatable’ can potentially be treated (and, in a few cases, are being treated). These conditions are genetic diseases and certain cancers. While scientific thinking has advanced and technologies have followed suit, the ethical issues that stem from these innovations are lagging. These ethical issues relate to privacy, data security, and law. To tailor treatments for patients requires the capture and analysis of vast amount of patient-centric data. However, doubts are being expressed as to how well-equipped global health systems are to handle such data and over the level of maturity that exists in terms of ethical and legal regulation. Sandle, T. (2022) Lagging Behind? Are Regulations Keeping Pace With The Precision Medicine Revolution?, Today’s Esquire, 14th November 2022 at: https://www.todaysesquire.com/2022/11/14/lagging-behind-are-regulations-keeping-pace-with-the-precision-medicine-revolution/
Policy Brief 'Patent Policy in Genomics and Human Genetics: A Public Health Perspective' Workshop held at the Foundation of Law Justice and Society, Wolfson College, University of Oxford, May 2015. available at http://www.fljs.org/sites/www.fljs.org/files/publications/Patent%20Policy%20in%20Genomics%20and%20Human%20Genetics.pdf
Biotechnology in Hong Kong, 2016
by Alice YT Wong and Nelson Tang Since DNA was discovered as the carrier of genetic information in 1953, we witnessed human genetics has evolved from the early period of trying to understand these codes to the era of personalized medicine today. Thanks to the Human Genome Project, HapMap Project and plenty of breakthroughs in the last two decades, we moved from the era of gene mapping of Mendelian diseases to Single Nucleotide Polymorphisms (SNPs), and from a piece of gene to the whole human genome. In this article, we will go through the sequential eras of human genetics and discuss key breakthroughs and patenting focus in the field of genomic medicine. A future perspective on upcoming development in genomic medicine with also be given at the end.
Genome Medicine, 2009
Gene patents have generally not impeded biomedical research, but some problems that arise in genetic diagnostics can be attributed to exclusively licensed gene patents. Gene patents for therapeutics have often been litigated but have received surprisingly little public outcry. In stark contrast, genetic diagnostics have been highly controversial but rarely litigated: no case has gone to trial and there is little case law to guide policy. Most recently the Secretary's Advisory Committee for Genetics Health and Society (SACGHS) released a draft report examining how patenting and licensing affect access to clinical genetic testing in the US. The SACGHS reported that patents neither greatly hindered nor facilitated patient access to genetic testing; both the harms and the benefits of patents on genetic diagnostics have been exaggerated. Problems do occur when patents are exclusively licensed to a single provider and no alternative is available. Courts have been changing the thresholds for what can be patented, and how strongly patents can be enforced. Technologies for sequencing, genotyping and gene expression profiling promise to guide clinical decisions in managing common chronic diseases and infectious diseases, and will likely be an integral part of personalized medicine. Developing such genomic tests may require mapping a complex intellectual property landscape and cutting through thickets of patented DNA sequences and related methods. Our preliminary studies have found patent claims that, if strictly enforced, might block the use of multi-gene tests or full-genome sequence data. Yet new technologies promise to reduce the costs of complete genomic sequencing to prices that are comparable to current genetic tests for a single condition. Courts, companies, and policy makers seem unlikely to allow intellectual property to obstruct such technological advance, but prudent policy will depend on careful analysis and foresight. The SACGHS report signals that the US government is paying attention, and increases the odds that policy will foster socially beneficial uses of genetic testing while preserving intellectual property incentives and mitigating the problems that arise from legal monopolies.
Nature Biotechnology, 2006
IAEME PUBLICATION, 2014
The issue of gene patenting has taken the centre stage of growing international community concern towards the recent decisions of the Supreme Court of the United States on Association for Molecular Pathology v. Myriad Genetics in context to the patentability of isolated genetic material and its analogues. Gene patenting including human gene and the intervened gene products which are biological in nature and is a part of many technologies, treatments, diagnostics, drugs, treatments etc, and the IP protection which provides them exclusive right and the reward for their intense contribution of technology to society, it also make the unavailability and more hindrances to the patients for getting maximum commercial benefits. These all are associated with the policies made by the concerned governing nation which considers the gene mere a chemical substance, a biological tool or a nature product. This paper extensively studies the world scenario on the nation specific IP policy overview and implications in the various spectrum of novelty criteria, biogenetic healthcare services, dissemination of research and innovations, concerns regarding the limitations on access to genetic testing to different economic strata, to address the broad area of gene patenting and their analogues as inclusive of cDNA, recombinant DNA etc.
McGill Journal of Medicine, 2020
their genetic susceptibility to diseases or a particular medical condition. In this context, we focus attention on the insurance industry and address the question as to whether insurers can refuse insurance on the basis of a genetic predisposition to a particular condition or disease. These issues will undoubtedly become major aspects of litigation in the future. In this paper, we attempt to develop the doctrine of fiduciary duties to deal with these unresolved issues and potential future causes of action. ACCESS TO MEDICAL RECORDS AND GENETIC DATA An important issue in recent medico-legal debates concerns the scope of the doctor-patient relationship and the extent of the medical practitioner's duties in this relationship. For example, does the medical practitioner's duty of care extend beyond the treatment of a patient to providing access to his or her medical records? That is, do patients have a right to their medical records on the basis of the fiduciary relationship that exists between the doctor and patient? The boundaries of the doctor-patient relationship and the patient's right of access to medical records were explored in the relatively recent Australian High Court in Breen-v-Williams. This decision approached the doctor-patient relationship narrowly. It was held that the patient's medical records were the medical practitioner's intellectual property and therefore the patient had no legal right to her records. The patient, Ms Breen, contended that the previous Australian High Court decision, Rogers-v-Whitaker, endowed her "with a right to know" which extended to a right of access to the entire record of her attending doctor. In
The Hastings Center report, 2017
The United States' ambitious Precision Medicine Initiative proposes to accelerate exponentially the adoption of precision medicine, an approach to health care that tailors disease diagnosis, treatment, and prevention to individual variability in genes, environment, and lifestyle. It aims to achieve this by creating a cohort of volunteers for precision medicine research, accelerating biomedical research innovation, and adopting policies geared toward patients' empowerment. As strategies to implement the PMI are formulated, critical consideration of the initiative's ethical and sociopolitical dimensions is needed. Drawing on scholarship of nationalism and democracy, we discuss the PMI's construction of what we term "genomic citizenship"; the possible normative obligations arising therefrom; and the ethical, legal, and social challenges that will ensue. Although the PMI is a work in progress, discussion of the existing and emerging issues can facilitate the de...
Annual review of genomics and human genetics, 2010
Genomics and human genetics are scientifically fundamental and commercially valuable. These fields grew to prominence in an era of growth in government and nonprofit research funding, and of even greater growth of privately funded research and development in biotechnology and pharmaceuticals. Patents on DNA technologies are a central feature of this story, illustrating how patent law adapts-and sometimes fails to adapt-to emerging genomic technologies. In instrumentation and for therapeutic proteins, patents have largely played their traditional role of inducing investment in engineering and product development, including expensive post-discovery clinical research to prove safety and efficacy. Patents on methods and DNA sequences relevant to clinical genetic testing show less evidence of benefits and more evidence of problems and impediments, largely attributable to university exclusive licensing practices. Whole-genome sequencing will confront uncertainty about infringing granted p...
The New England journal of medicine, 2003
Legal and Political Theory in the Post-National Age, CEE-Forum for Legal, Political, and Social Theory Yearbook, Péter Cserne and Miklós Könczöl (eds.), Peter Lang Verlag, 2011
e paper addresses the issue of the necessary scope of legal protection of a person in the age of genomic medicine. More speci cally, the paper aims at analysing the problem of genetic discrimination and identifying justi ed restrictions on the use of genetic test results and genetic information, especially in the areas of employment and insurance. ere will be discussed the main controversies that arise when the legal restrictions on the use of genetic information are at stake.
European journal of human genetics : EJHG, 2008
Genetic research involving humans as well as the commercialisation of its results both raise intricate ethical questions. On the one hand this research is seen as the catalyst to facilitate scientific advancement possibly having enormous potential in treating hitherto incurable diseases, such as Parkinson’ s disease, diabetes or heart failure. On the other hand, moral dilemmas are posed as to justifiableness of research, such as that concerning human embryonic stem cells or manipulating with human biological material, all the more since the aforementioned potentials are rather uncertain at this point in time given the scarcity of expert’ s knowledge and technology in the field. This Report does not intend to discuss the issues of conflict between different values, opposite rights and obligations, or contrasting interests, because they are the prerogatives of every individual and every society, including each Croatian citizen and the Croatian society as a whole. However, a pluralist society has to increase public awareness of these issues, so that the citizens may engage in an informed debate and make a knowledgeable decision. While some of the practices dealt with in this Report have been commercialised, other still have not and are regulated insofar as the research is concerned. Furthermore, will inventions based on the latter become patentable in the future is the issue of balance the state has to maintain between costs and benefits thereof, in a view of investor’ s interests, society’ s commercial and social welfare, freedom of research, as well as ethically sensible aspects related to human rights, human dignity and religious and other convictions. In doing so, history of science and its mis(uses) in practice certainly may teach a good lesson and send the message of the need to increase awareness of the potential hazards an overcredulous acceptance of the “ promising” new practices may have over human kind.
American Journal of Bioethics, 2002
"fair use" exemption would not apply to the use of information in commercial product development; so by virtue of the murky boundary between commercial use and other research the legislation is likely unworkable. Still, it is a rst step toward acknowledging the other important player in the debate-the Everyman. Without evidence that genetics research would be severely hampered by diverging from classic patent law, current opportunity costs are too high and policy should err on the side of promoting all avenues for bringing genetic technologies into clinical care. There is considerable disease about the possibility that we are cramming a round peg representing personal well-being into a rigid, marketbased, square hole. We might gain some insight into this sensibility by considering Margaret Jane Radin's characterization of creeping property interests: "{C}ommodication worries seem to occur only in conjunction with other worries about social wrongs, in particular about subordination and maldistribution of wealth" (1996, 8). Given the considerable anxieties on all sides of the genepatenting issue, we would do well to acknowledge how problematic the current system is and how crucial reconguration is to promoting human health. n References Blumenthal, D., E. Campbell, M. Anderson, N. Causino, and K. Louis. 1997. Withholding research results in academic life sciences. JAMA 277(15):1224± 28. Brody, B. 1996. Public goods and fair prices: Balancing technological innovation with social well-being. Hastings Center Report 26(2):5± 11.
European journal of cancer (Oxford, England : 1990), 2017
The increasing number of drugs targeting specific proteins implicated in tumourigenesis and the commercial promotion of relatively affordable genome-wide analyses has led to an increasing expectation among patients with cancer that they can now receive effective personalised treatment based on the often complex genomic signature of their tumour. For such approaches to work in routine practice, the development of correspondingly complex biomarker assays through an appropriate and rigorous regulatory framework will be required. It is becoming increasingly evident that a re-engineering of clinical research is necessary so that regulatory considerations and procedures facilitate the efficient translation of these required biomarker assays from the discovery setting through to clinical application. This article discusses the practical requirements and challenges of developing such new precision medicine strategies, based on leveraging complex genomic profiles, as discussed at the Innovat...
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