The Pirate Party is concerned that Friday’s decision of the Full Federal Court to uphold a patent over the BRCA1 breast cancer gene[1] poses an enormous threat to the treatment of breast cancer and future illnesses. Myriad Genetics’ patent is for the isolated BRCA1 gene, and was upheld on the basis that the isolated gene does not exist in isolated form naturally.

Pirate Party President, Brendan Molloy, commented: “The decision of the Court is disturbing to say the least. This is not an invention or a process — it is naturally occuring genetic material. A private company should not be able to own rights over genetic material found within our bodies.

“This will surely hamper future research into breast cancer, and also other health problems if more patents are granted on isolated genes. This is leaving the door wide open for extortionate licence fees, driving up the costs of further research and treatment.

“Now is the time for legislative intervention to make it clear that patents on isolated genetic material that is removed from its natural state should not be patentable. Monopolies should not be granted where the result of that monopoly is a public health risk.

“Like mathematical formulas, genes should not be patentable. No exceptions.”

The Pirate Party is supportive of any decision to appeal this further to the High Court. The Pirate Party’s patent policy opposes patents on isolated genetic material and proposes extensive patent reform to prevent detrimental effects on public health and innovation[2].

[1] http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2014/2014fcafc0115
[2] https://pirateparty.org.au/wiki/Policies/Patents