Controversy over gene patents

Next week, Senators will begin taking public submissions on the hot topic, and the impact it would have on the cost and provison of healthcare.

It follows controversy both here and overseas, after genetics companies tried to stop others from testing for genes because they own the patent.

Genetic research is leading to new medical tests and treatments once thought impossible, but experts fear potentially life-saving medical research could be jeopardised if companies claim genes as their own.

"We don't think people should have a monopoly just because they have discovered a gene," said Professor Ian Olver, of the Cancer Council of Australia.

"If they invent a treatment as a result, by all means."

Law 'creating monopolies'

It is estimated that 20 per cent of all human genes are already patented in the US.

But patent law expert Dr Luigi Palombi is arguing for a ban.

He says the law that was designed to protect inventions, is now being used to create monopolies over genes.

"No-one invented genes, no-one invented the proteins that those genes code for, they are naturally-occuring phenomena, and they have no business being patented," Dr Palombi said.

The issue is currently being argued in a New York court - US company Myriad Genetics is fighting a legal challenge against its patent rights.

Myriad Genetics is exercising patent controls over tests for mutations of breast cancer genes and that i's forcing up costs.

"They are having to pay $US3,000 for each test, well that is an exorbitant amount of money - it is completely unjustified," said Dr Palombi.

Genetic mutation tests

Last year Melbourne company Genetic Technologies threatened to sue hospitals and laboratories testing for the mutations after it bought the patents off Myriad.

It has since backed off, but new chief executive Paul MacLeman says the patent system is integral to Australia's technology sector.

"Changing that without thought to international treaty obligations is something that could be damaging to the biotech and the science sector in general," Mr MacLeman said.

The controversy has led to a government supported parliamentary inquiry, instigated by Liberal Senator Bill Heffernan.

"It asks the fundamental question, 'Who owns your body?' - I mean do we want our bodies to be converted into a tradeable instrument that gets traded around the planet?" Senator Heffernan said.

Public hearings on the issue are due to begin in Melbourne on Monday.