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the united kingdom faced a challenge with the exclusivity of its patents. although the united kingdom had the brca1 and brca2 patents, the united states had brca1 and brca2 patents that were valid for the united kingdom. as we have seen, france had patents covering the brca1 and brca2 genes but not the proteins that they produce, and germany had an apo b patent. this led to the arrangement that the nhs would be able to provide testing services for the genes that it owned free of charge, but rosgen, the nhs’s commercial partner, would be able to charge the nhs for the testing of the brca1 and brca2 genes. the nhs would, therefore, be able to test patients for mutations that were not covered by the patent but would have to pay for the testing of those mutations covered by the patents.
in a further compromise, the united kingdom agreed to provide an unlimited number of brca1 and brca2 tests to the nhs for free. it also agreed to provide information about which patients had the mutation and which did not. this information would be made available to researchers and to the public, but it would be available only after the test results were known.
other industries that used genetic and genomic technologies had to wait to see the outcome of myriad and seek to avoid a similar fate. they also expressed concerns about the regulation of these new technologies. in this context, researchers were concerned about whether they could continue to develop or use research tools on which they were trained and developed. they were concerned about whether they would be able to invest in research and develop new tools for the benefit of society and, therefore, the advancement of health care. 86 the new draft legislation in the united states, for example, did not include the interests of such researchers or clinicians. in contrast, the world health organization’s (who) international patent policy included such interests in its guidance on patenting of human genes and its policy document on intellectual property and public access to knowledge. the who guidance includes the following relevant considerations: the importance of genetic data in the context of public health; the public health value of research in the area of human genetic variation; the clinical significance of genetic discoveries and the rapid pace of technological development in the area of human genetic variation; the need to encourage open access to knowledge; and the need to ensure that access to knowledge is not restricted by patents or other ip rights that hinder or restrict access to or use of knowledge. the policy sets out the following as appropriate areas for patent protection: any new invention, process, or method of diagnosis, treatment, or prevention of disease, and any new knowledge, regardless of the scientific field in which it is developed.
the united kingdom faced a challenge with the exclusivity of its patents. although the united kingdom had the brca1 and brca2 patents, the united states had brca1 and brca2 patents that were valid for the united kingdom. as we have seen, france had patents covering the brca1 and brca2 genes but not the proteins that they produce, and germany had an apo b patent. this led to the arrangement that the nhs would be able to provide testing services for the genes that it owned free of charge, but rosgen, the nhs’s commercial partner, would be able to charge the nhs for the testing of the brca1 and brca2 genes. the nhs would, therefore, be able to test patients for mutations that were not covered by the patent but would have to pay for the testing of those mutations covered by the patents.
in a further compromise, the united kingdom agreed to provide an unlimited number of brca1 and brca2 tests to the nhs for free. it also agreed to provide information about which patients had the mutation and which did not. this information would be made available to researchers and to the public, but it would be available only after the test results were known.
other industries that used genetic and genomic technologies had to wait to see the outcome of myriad and seek to avoid a similar fate. they also expressed concerns about the regulation of these new technologies. in this context, researchers were concerned about whether they could continue to develop or use research tools on which they were trained and developed. they were concerned about whether they would be able to invest in research and develop new tools for the benefit of society and, therefore, the advancement of health care. 86 the new draft legislation in the united states, for example, did not include the interests of such researchers or clinicians. in contrast, the world health organization’s (who) international patent policy included such interests in its guidance on patenting of human genes and its policy document on intellectual property and public access to knowledge. the who guidance includes the following relevant considerations: the importance of genetic data in the context of public health; the public health value of research in the area of human genetic variation; the clinical significance of genetic discoveries and the rapid pace of technological development in the area of human genetic variation; the need to encourage open access to knowledge; and the need to ensure that access to knowledge is not restricted by patents or other ip rights that hinder or restrict access to or use of knowledge. the policy sets out the following as appropriate areas for patent protection: any new invention, process, or method of diagnosis, treatment, or prevention of disease, and any new knowledge, regardless of the scientific field in which it is developed.
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