Patent procedures reach a new level of lunacy: Who owns your DNA?
Announcement posted by Syntropy 19 Aug 2003
Vocal tech-industry leader, Matthew Tutaki has launched another scathing reprimand to the Federal Government regarding the procedures and processes of IP Australia, after viewing a story on the ABCs Four Corners program last Monday evening. Reportage on the ABC covered a patent granted by the New Zealand and Australian Governments in relation to the Human Genome and DNA.
According to the information aired on Four Corners, an Australian company has managed to patent human DNA, and processes thereof. The company, Genetic Technologies has been granted a suite of controversial patent rights in Australia, and is already acting to aggressively enforcing them.
As with the e-commerce patent granted to Canadian base D.E Technologies, New Zealand has again become an unfortunate test bed for enforcement procedures. Letters issued by Genetic Technologies to the NZ Health Authorities is demanding annual payments of up to $2m.
During the interview, the CEO of Genetic Technologies as interviewed by the ABC indicated that action is already underway to enforce the patents here in Australia. His claim is that the vast majority of genetic and medical research laboratories are in breach of patent.
That the patents have been granted in Australia and New Zealand at all has incensed Matthew Tutaki, already embroiled in a media battle with D.E Technologies to prevent their patent on e-commerce processes from being sealed by IP Australia.
Tutaki is convinced this recent level of lunacy from IP Australia in granting such a broad reaching set of patent rights will have a staggering impact on Australias ability to test, research, study and develop technologies and skill sets related to positively affecting health standards for the nation.
This is a level of lunacy never before encountered. This patent will have a huge effect on Australia's national Health System, and is even more predatory in nature than the E-Commerce patent we are currently fighting to have ousted from the system, said Mr. Tutaki.
The Genetic Technologies patent rights as related to Human Genome and DNA are particularly disturbing to Mr. Tutaki because enforcement will affect every aspect of Australian life currently likely to be positively affected by genetic research and development.
Clinics and labs are to have millions a year sucked from their already scarce budgetary resources merely to line the pockets of a few. The run on effect could see testing programs such as cancer, asthma, HIV, arthritis, Parkinson's disease, and in fact all testing for disease placed under direct threat.
These people claim some ownership of DNA that is distinct from the overall good of the nation, meaning the short terms winners might be stockbroking fat cats, but what about the average punter with kids suffering from MS?
When I stood up on behalf of battling Australian companies to fight the granting of the e-commerce patent only weeks ago I did so guided by the belief that something as fundamental as e-commerce and international trade resided in the public domain, and that, it was owned by all.
In this case I stand up again for the same just reason and that is that no one has the right to own our Human DNA and certainly no one has the right to enforce, for monetary gain, a patent upon Australia and Australians thereby putting at risk testing programs that serve one fundamental purpose to save Australian lives.
Tutaki is questioning the validity of the Patents, and is again incensed that IP Australia has again granted such a broad reaching application, with only cursory deliberation over the impact on the nation. As he is with the current e-Commerce patent fight, Tutaki is urging Federal Government to intervene as a matter of urgency.
Make no mistake, both this and the international e-commerce patent combined now affect every single Australian and both must be put down. The Federal Government must move quickly to review all and any legislation that allow companies to be granted patents that fall outside our national interest.
Nobody has the right to own any part of our bodies, and that includes our human DNA. Just as I have taken up the fight to have the International e-commerce Patent defeated I am also calling on the Federal Government of Australia to investigate this as a matter of urgency.
Tutaki is calling upon concerned Australian's to contact their local members of parliament, their premiers and senate representatives, the Prime Minister in the attempt to review the role of IP Australia and prevent patents that are contrary to the national interest from being granted in future.
DNA and Mapping defined through the Human Genome belong to all of us, free of charge and this matter must be dealt with immediately.
ENDS
About Matthew Tutaki:
Former Head of Knowledge Management and Education with Australian Technology Company, Dattatech and currently Business Development Director of Voice XML Company, Syntropy. He was also a keynote speaker and host of both the Global 2002 Knowledge Management Conference and the 2003 State of the Australian Information Nation Briefing.
In late 2002 Tutaki developed the worlds first Global Overseas Travel Warning System (OSCAR) and early in 2003 recommended the centralization of the Australian National Library System as part of a process to build a National On-Line strategy and framework. On August 21st Tutaki will deliver a keynote address to the Australian IT Leaders Summit in Sydney.
According to the information aired on Four Corners, an Australian company has managed to patent human DNA, and processes thereof. The company, Genetic Technologies has been granted a suite of controversial patent rights in Australia, and is already acting to aggressively enforcing them.
As with the e-commerce patent granted to Canadian base D.E Technologies, New Zealand has again become an unfortunate test bed for enforcement procedures. Letters issued by Genetic Technologies to the NZ Health Authorities is demanding annual payments of up to $2m.
During the interview, the CEO of Genetic Technologies as interviewed by the ABC indicated that action is already underway to enforce the patents here in Australia. His claim is that the vast majority of genetic and medical research laboratories are in breach of patent.
That the patents have been granted in Australia and New Zealand at all has incensed Matthew Tutaki, already embroiled in a media battle with D.E Technologies to prevent their patent on e-commerce processes from being sealed by IP Australia.
Tutaki is convinced this recent level of lunacy from IP Australia in granting such a broad reaching set of patent rights will have a staggering impact on Australias ability to test, research, study and develop technologies and skill sets related to positively affecting health standards for the nation.
This is a level of lunacy never before encountered. This patent will have a huge effect on Australia's national Health System, and is even more predatory in nature than the E-Commerce patent we are currently fighting to have ousted from the system, said Mr. Tutaki.
The Genetic Technologies patent rights as related to Human Genome and DNA are particularly disturbing to Mr. Tutaki because enforcement will affect every aspect of Australian life currently likely to be positively affected by genetic research and development.
Clinics and labs are to have millions a year sucked from their already scarce budgetary resources merely to line the pockets of a few. The run on effect could see testing programs such as cancer, asthma, HIV, arthritis, Parkinson's disease, and in fact all testing for disease placed under direct threat.
These people claim some ownership of DNA that is distinct from the overall good of the nation, meaning the short terms winners might be stockbroking fat cats, but what about the average punter with kids suffering from MS?
When I stood up on behalf of battling Australian companies to fight the granting of the e-commerce patent only weeks ago I did so guided by the belief that something as fundamental as e-commerce and international trade resided in the public domain, and that, it was owned by all.
In this case I stand up again for the same just reason and that is that no one has the right to own our Human DNA and certainly no one has the right to enforce, for monetary gain, a patent upon Australia and Australians thereby putting at risk testing programs that serve one fundamental purpose to save Australian lives.
Tutaki is questioning the validity of the Patents, and is again incensed that IP Australia has again granted such a broad reaching application, with only cursory deliberation over the impact on the nation. As he is with the current e-Commerce patent fight, Tutaki is urging Federal Government to intervene as a matter of urgency.
Make no mistake, both this and the international e-commerce patent combined now affect every single Australian and both must be put down. The Federal Government must move quickly to review all and any legislation that allow companies to be granted patents that fall outside our national interest.
Nobody has the right to own any part of our bodies, and that includes our human DNA. Just as I have taken up the fight to have the International e-commerce Patent defeated I am also calling on the Federal Government of Australia to investigate this as a matter of urgency.
Tutaki is calling upon concerned Australian's to contact their local members of parliament, their premiers and senate representatives, the Prime Minister in the attempt to review the role of IP Australia and prevent patents that are contrary to the national interest from being granted in future.
DNA and Mapping defined through the Human Genome belong to all of us, free of charge and this matter must be dealt with immediately.
ENDS
About Matthew Tutaki:
Former Head of Knowledge Management and Education with Australian Technology Company, Dattatech and currently Business Development Director of Voice XML Company, Syntropy. He was also a keynote speaker and host of both the Global 2002 Knowledge Management Conference and the 2003 State of the Australian Information Nation Briefing.
In late 2002 Tutaki developed the worlds first Global Overseas Travel Warning System (OSCAR) and early in 2003 recommended the centralization of the Australian National Library System as part of a process to build a National On-Line strategy and framework. On August 21st Tutaki will deliver a keynote address to the Australian IT Leaders Summit in Sydney.