De zorgwekkende gevolgen van het octrooieren van humane genen voor de gezondheidszorg en het wetenschappelijk onderzoek in Nederland

– The granting of a patent by the European Patent Office to Myriad Genetics on the sequence of the BRCA-1 gene in 2001 prompted the Dutch Minister of Healthcare and the Minister of Education, Culture and Science to ask for advice. The Royal Netherlands Academy of Arts and Science (KNAW) prepared a report in 2003 entitled: ‘The consequences of granting patents on human genes for scientific research in the Netherlands’. Another recommendation (by Van de Bunt) entitled: ‘A code of gene patenting’ was also published in 2003. The KNAW report recommends, among others: a redefinition of the ‘research exemption’ and renewed discussion on a ‘grace period’. The Van de Bunt report concludes, among other things, that some holders of gene patents cause unwanted side effects, but that the patent system itself provides sufficient possibilities to prevent these side effects. In a comment on both reports, the Dutch Ministry of Healthcare concluded: ‘There is no reason to change the current patent system’. One should be more critical, however, and favour the possibility of a ‘diagnostic exemption’ in which DNA-diagnostics would be excluded from patenting.