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Associations say no to patenting life

Florianne Köchlin of the Blueridge Institute says biotechnology patents are already making life difficult for researchers Keystone

More than 30 Swiss organisations and associations of ecologists, farmers, researchers and consumers have joined forces to oppose patents on living creatures and plants.

The coalition says that a planned revision of Switzerland’s patent law favours industry and neglects ethical and social issues.

At a press conference in Bern on Monday, the groups called on the government to ensure that plants, animals and the human body, including cells and genes, remain out of reach of those who seek to patent them.

Coalition members said patents for machines, electrical devices or chemical substances were appropriate.

But non-governmental organisations such as Greenpeace and Pro Natura argued that plants and animals could not be patented in the same way.

They added that there was a distinction to be made between a discovery and an invention.

The groups said genes and genetic resources could be discovered, but not invented, since they were a part of nature.

Property rights

Suzanne Braga, a doctor and genetics specialist, pointed out that genes belong to humanity as a whole and that access to them should be made available to all those who want it.

“No law can change that fact,” said Braga.

She also warned that granting patents on life forms would discourage certain types of research. People suffering from rare diseases would be disadvantaged since there would be no commercial interest in developing cures for them.

Others present at the press conference warned that researchers could also find their work hindered by patents.

“Patenting genes is in the interests of industry, but this would conflict with researchers’ own interests,” said Florianne Köchlin of the Blueridge Institute.

Köchlin added that some research had already been slowed down – if not blocked entirely – by intellectual property rights.

Consumer associations believe that patents will also lead to an increase in the price of some types of medication and other products in Switzerland.

“This effect will be reinforced by the ban on parallel imports,” said Jacqueline Bachmann of the Foundation for Consumer Protection.

Monopoly fear

The fear of a monopoly on patented life forms is also behind opposition to the revised law.

“This would prevent the exchange of ideas and information,” said François Meienberg of the Berne Declaration.

Opponents of the law believe that patenting could have an impact on the food production chain. They claim that the use of a single patented product, such as wheat, would force all producers to depend on one supplier.

Members of the coalition agree that Switzerland’s existing patent law is in need of revision. But they add that biological innovation should not be protected at the expense of ethical codes of conduct.

The government says that its proposed law takes ethical concerns into account, and also tackles issues raised by industry and researchers.

But Interpharma, the umbrella organisation which represents the interests of the pharmaceutical industry, has criticised the revision.

It argues that the proposed law does not sufficiently protect intellectual property rights and that patent protection in Switzerland for biotechnology would be weaker than in the United States and many European countries.

The public consultation period for the new law ends this week.

swissinfo with agencies

The coalition includes:
Greenpeace
The Berne Declaration
Pro Natura
The Blueridge Institute
The Swiss Society for the Protection of Animals
Swissaid
WWF Switzerland

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