A FEDERAL Court decision highlights the need for patent laws to be changed so corporations can't monopolise genetic material needed to detect and treat cancer, the Cancer Council says.

In the Federal Court on Friday, Brisbane woman Yvonne D'Arcy and Cancer Voices Australia lost their fight against the patenting of a human gene linked to breast and ovarian cancer.

Theby brought their action against Myriad Genetics Inc, the owner of the patent, and Melbourne-based Genetic Technologies Ltd, which holds the exclusive licence to conduct the tests in Australia.

The case related to mutations of an isolated gene, associated with an increased risk of hereditary breast and ovarian cancers, known as BRCA1.

Cancer Council chief Ian Olver said the ruling "reflected a lack of progress in patent law, which was based on centuries-old principles but being applied to rapidly changing technology".

"If we don't change the law now to protect the community from gene monopolies ... a handful of commercial interests (will own) the genetic materials essential to cancer detection and treatment," Professor Olver said.

He thanked Ms D'Arcy for launching the legal challenge and said he expected more challenges against biotechnology companies from consumers "until the law is changed".

Prof Olver said patents shouldn't be granted over genes as their discovery was not an invention.

If companies were able to patent genes it could create a monopoly and stymie research.

"The benefit in not being able to patent the gene is that you have a whole lot of companies competing for research to look for new cancer treatments and new cancer tests," Prof Olver told AAP on Friday.

View post:
Call for change in gene patent laws

Comments are closed.