Home | About NaturalNews | Contact Us | Write for NaturalNews | Media Info | Advertise with Natural News
genes

Judge strikes fear into biotech industry with nullification of patents on human genes BRCA1

Thursday, April 01, 2010
by Mike Adams, the Health Ranger
Editor of NaturalNews.com (See all articles...)




Share
(NaturalNews) As NaturalNews readers already know, corporations and universities right now claim intellectual property ownership over roughly twenty percent of your genetic code. This absurdity has occurred due to bizarre operations of the U.S. Patent and Trademark Office which has handed corporations intellectual property monopolies over everything ranging from human genes to animals and seeds. Monsanto's "ownership" of genetically modified seed crops, for example, was only made possible by the patent office's willingness to grant the corporation intellectual property ownership over seeds.

I have long argued that granting patents on seeds, genes and medicines is a violation of natural law. In 2007, for example, I wrote an article entitled " Corporate Greed, Intellectual Property Laws and the Destruction of Human Civilization" (http://www.naturalnews.com/022096.html) in which I argued that the granting of such patents is a threat to not just human freedom but also the future of life on earth.

What happens when corporations, for example, wish to start collecting royalties on the human genes that you are copying when you reproduce by having children? The mere act of conceiving a child makes you a patent law violator... a criminal engaged in genetic piracy under U.S. law. This may sound patently absurd, if you'll excuse the expression, but it is precisely what has been held as true under current U.S. patent law.

You can't patent things created by Mother Nature

Fortunately, things are beginning to shift. Earlier this week, a federal judge struck down patents on the BRCA1 and BRCA2 genes. These are the genes used by many doctors to attempt to predict breast cancer risk. Of course, the very idea that genes alone can determine your cancer risk is provably false, but that's another story altogether. For the point of this story, just keep in mind that lots of women have their DNA tested for the presence of these BRCA genes in order to (they think) determine their breast cancer risk.

But one corporation called Myriad Genetics holds seven patents on these genes. Although the patents are shrouded in lawyer's language, this company essentially claims to own these genes as if it had invented them! Furthermore, this company held that the mere act of testing for these genes was a violation of their patents.

Now, a more sensible person might instantly recognize that your genes existed long before Myriad Genetics came around. Depending on your frame of belief, your genes were either created by God or by Mother Nature, and to grant monopoly IP ownership over those genes to a corporations seems absurd beyond all reason.

But no: This corporation and its lawyers argued with a straight face that they alone effectively owned your BRCA genes and that no one could even test for the presence of those genes without paying them a royalty!

United States District Court Judge Robert W. Sweet disagreed with the patents in his 152-page decision (see NY Times PDF file at http://graphics8.nytimes.com/packages/pdf/national/20100329_patent_opinion.pdf ) which strikes down seven patents formerly belonging to Myriad Genetics. This victory was achieved, in part, by the American Civil Liberties Union which helped challenge the BRCA patents last year. The ACLU argued (quite correctly, in my view) that human genes are products of nature and should never be owned by Man.

As state in a NY Times article (source below), an ACLU lawyer explained it like this: "The human genome, like the structure of blood, air or water, was discovered, not created. There is an endless amount of information on genes that begs for further discovery, and gene patents put up unacceptable barriers to the free exchange of ideas."

Striking back at biotech

If this decision stands, the resulting consequences could be hugely damaging to the biotech and pharmaceutical industries, both of which depend on government-granted monopolies (patents) to lock in their corporate profits. Biotech companies have been ramping up research on gene-based diseases for a decade or more, hoping to cash in on the genetic monopolies that would guarantee them profits for all sorts of human diseases that they could tie to "genetic disorders."

The idea that "your genes made you sick" is a very seductive (and profitable) concept for the biotech and pharmaceutical industries because it implies that patients have no role in their own health. Genes determine your future, you're told, so eating right and taking nutritional supplements is useless, they insist. Because your genes have already determined what diseases you'll get, the only thing you can do is take their patented chemicals that target those genes or their symptoms. Merely being screened for these "diseases" earns these corporations a royalty, by the way, since they owns the patents on the genes themselves.

This "Great Lie" of the biotech industry, of course, depends entirely on being able to procure intellectual property monopolies over human genes. And that's why this week's decision by judge Sweet is sending shockwaves through the biotech industry. They are now concerned that they won't be able to attract investors to develop more gene-targeted "therapies" (yeah, right) because they will no longer be granted patent monopolies through which they can make obscene profits by scaring patients into expensive gene therapies.

The greed of the corporation knows no bounds

Biotech, pharmaceutical and agricultural corporations, you see, are some of the most arrogant and dangerous organizations on the planet. They believe that they alone have the right to monopolize your genes, your seeds, your food and your medicine. Anything that they don't control and profit from is attacked or destroyed. The FDA's pharma-inspired attacks on nutritional products is a great example of this monopoly profiteering in action. It's the same story with Monsanto's legal assaults on farmers who refuse to plant genetically modified seeds.

That's why these corporations will be lobbying hard to reverse this decision by judge Sweet, forcing a reversal that would lock in their monopoly ownership over genes, seeds and medicines. These corporations want to own the world and control everyone and everything in it. And while they can't necessarily own all the physical objects in the world, if they can achieve ownership over most of the intellectual property, they can come pretty close to ruling the world.

Think about it: If they own your genes, your food crops and your medicines, they effectively control virtually everything you depend on to stay alive. It's not out of the realm of possibility to suppose that in the near future, you will not be allowed to have a baby without paying royalties to the biotech corporations that "own" your human genes. Making a baby, after all, does involve copying your genes, you pirate!

That's why granting corporations over genes, seeds or medicines is so dangerous to the future of humanity: It concentrates power over the world into the hands of the few. If that sounds like Monsanto's corporate motto, that's because Monsanto is the perfect example of a company that literally seeks to control the entire world and everything in it, and if they can exploit U.S. patent law to assert that control over the people, they will almost certainly take every opportunity to do so.

Why corporations are inherently evil

Allow me to share something about large corporations. Corporations have people, money, lobbyists and lots of power. But corporations do not have morals or ethics or human compassion. Corporations are granted all of the rights of the People (free speech rights, for example) and yet they have none of the compassions or sensibilities of people. Corporations consistently endanger and even sacrifice human lives in order to maximize their profits.

Want examples? Union Carbide in Bhopal, India. See the horrifying pictures of "the children of Dow's Chemicals" here: http://www.bhopal.org

Or review the story of Enron and how that company turned off power plants in California, killing senior citizens in the high heat in order to make more money selling emergency electricity back to the State of California.

Or look at the drug companies that manufacture and push deadly cholesterol and heart drugs that are killing people, even while burying the clinical trial evidence that proves those drugs to be extremely dangerous.

The list of corporate crimes against humanity is far too long to cover right here, but if you want a good overview of the situation, pick up some books by author John Perkins who wrote Confessions of an Economic Hit Man. I recently interviewed John Perkins by phone and will be posting that here on NaturalNews in the near future.

Watch this interview with John Perkins here: http://www.youtube.com/watch?v=A9QEhxypDZE

The important point here is simply this: If you grant corporations intellectual property ownership over your genes, foods, seeds and medicines, they will use that power to enslave you.

That's what corporations do: They inherently seek to create high-profit monopolies that limit consumer choice and force consumers to pay monopoly prices for all their goods and services, all to the benefit of the corporate shareholders. This simple truth is, in fact, the entire point of having a corporation in the first place: To make as much money as possibly by any means possible within the law. So if patent law grants monopolies over human genes, then it's only a matter of time before corporations will exploit that to own and dominate human reproduction involving those genes!

Patent reform is crucial to freedom

This is why I believe that judge Sweet's decision to deny patent ownership over the BRCA genes was hugely important to the future of freedom for humankind. If these intellectual property monopolies are allowed to stand, they will only grow ever more powerful and dangerous to the freedoms of populations around the world. If they are not struck down, these corporate monopolies will inevitably result in the outright enslavement of humankind to the corporatocracy -- a situation that many would agree we are dangerously close to right now.

So watch this situation carefully. You can bet that behind closed doors, judge Sweet is right now being pressured and perhaps even threatened if he does not reverse his decision. Or members of a higher court are being lobbied to overturn it for him.

One thing I've learned in my years of being the editor for NaturalNews is that corporations will do anything -- absolutely ANYTHING -- to protect their profits. This includes doing things that are far outside U.S. law and that endanger the lives of individuals or groups of people who stand in the way of a particular corporate agenda. Individual freedom has no value whatsoever in the eyes of these corporations, especially if it interferes with their profits. So send some good vibes over to judge Sweet and ask that he be protected right now for having the courage to boldly state the obvious: Corporations should not own human genes!

And don't be surprised to see the corporations in the biotech industry pulling out all the stops to try to get this decision reversed. Their very future depends on dominating humankind through legal monopolies known as patents, and anyone who threatens that profit model will be targeted by the biotech industry in more ways than one.

Sources for this story include:
NY Times
http://www.nytimes.com/2010/03/30/business/30gene.html?src=me

Fierce Biotech
http://www.fiercebiotech.com/story/experts-fear-gene-patent-rulings-impac...

Get breaking health news + a LIFETIME 7% discount on everything at the NaturalNews Store
Join two million monthly readers. Email privacy 100% protected. Unsubscribe at any time.

Articles Related to This Article:

Beware of GMOs: Genes Remain a Mystery to Scientists

Super Nutrients Stimulate Longevity Genes and Promote Health

The discovery of DNA variability, holographic blueprints and the symphony of life

HealthBookSummaries.com Releases Downloadable Summary of The Genie In Your Genes by Dawson Church

New Study Indicates DNA Can Be Altered Through Diet and Exercise

Will US Patent Office end gene patent enslavement of the human race?

Related video from NaturalNews.TV


Your NaturalNews.TV video could be here.
Upload your own videos at NaturalNews.TV (FREE)



About the author: Mike Adams is a consumer health advocate and award-winning journalist with a passion for teaching people how to improve their health He is a prolific writer and has published thousands of articles, interviews, reports and consumer guides, reaching millions of readers with information that is saving lives and improving personal health around the world. Adams is an honest, independent journalist and accepts no money or commissions on the third-party products he writes about or the companies he promotes. In 2010, Adams launched NaturalNews.TV, a natural health video site featuring videos on holistic health and green living. He's also the founder and CEO of a well known email mail merge software developer whose software, 'Email Marketing Director,' currently runs the NaturalNews email subscriptions. Adams volunteers his time to serve as the executive director of the Consumer Wellness Center, a 501(c)3 non-profit organization, and pursues hobbies such as martial arts, Capoeira, nature macrophotography and organic gardening. He's also author of numerous health books published by Truth Publishing and is the creator of several consumer-oriented grassroots campaigns, including the Spam. Don't Buy It! campaign, and the free downloadable Honest Food Guide. He also created the free reference sites HerbReference.com and HealingFoodReference.com. Adams believes in free speech, free access to nutritional supplements and the ending of corporate control over medicines, genes and seeds. Known by his callsign, the 'Health Ranger,' Adams posts his missions statements, health statistics and health photos at www.HealthRanger.org

Have comments on this article? Post them here:

 people have commented on this article.

Related Articles:

Beware of GMOs: Genes Remain a Mystery to Scientists

Super Nutrients Stimulate Longevity Genes and Promote Health

The discovery of DNA variability, holographic blueprints and the symphony of life

HealthBookSummaries.com Releases Downloadable Summary of The Genie In Your Genes by Dawson Church

New Study Indicates DNA Can Be Altered Through Diet and Exercise

Will US Patent Office end gene patent enslavement of the human race?

Take Action: Support NaturalNews.com

Email this article to a friend

Share this article on: NewsVine | digg | del.icio.us

Permalink to this article:

Reprinting this article: Non-commercial use OK, cite NaturalNews.com with clickable link.

Embed article link: (copy HTML code below):
Most Popular
Today | Week | Month | Year

See all Top Headlines...


GET YOUR FREE GIFT + SHOW DETAILS.


Now Available from NaturalNews.TV

Across the Web

More News...

Also on NaturalNews:

Health Ranger Videos
Activist music
CounterThink Cartoons
Food documentaries
FREE Special Reports
Podcasts
Advertise with NaturalNews...

Support NaturalNews Sponsors:
Advertise with NaturalNews...

Most Popular Stories

Collecting rainwater now illegal in many states as Big Government claims ownership over our water Share
FDA finally admits chicken meat contains cancer-causing arsenic (but keep eating it, yo!) Share
Senate Bill S 510 Food Safety Modernization Act vote imminent: Would outlaw gardening and saving seeds Share
Anti-foaming agent found in Chicken McNuggets Share
Court rules organic farmers can sue conventional, GMO farmers whose pesticides 'trespass' and contaminate their fields Share
R.I.P. Bill of Rights 1789 - 2011 Share
Why McDonald's Happy Meal hamburgers won't decompose - the real story behind the story Share
Federal agents raid Mormon food storage facility, demand list of customers storing emergency food Share
H1N1 vaccine linked to 700 percent increase in miscarriages Share
14 signs that the collapse of our modern world has already begun Share
Artificial Sweetener Disease; a new breed of sickness Share
Forensic evidence emerges that European e.coli superbug was bioengineered to produce human fatalities Share
The NaturalNews Store

Huge discounts on supplements, raw foods, botanicals and healthly personal care products. Save up to 50%! Click here to see the current sale items

Health Ranger Storable Organics

GMO-free, chemical-free foods and superfoods for long-term storage and preparedness. Bulk pricing! Shipping immediately. See selection at www.StorableOrganics.com

25 Amazing Facts About Food

This FREE downloadable report unveils a collection of astonishing and little-known facts about the food we eat very day. Click here to read it now...

 

Resveratrol and its Effects on Human Health and Longevity - Myth or Miracle.

Unlock the secrets of cellular health with the "miracle" nutrient Resveratrol Click here to read it now...

 

Nutrition Can Save America

FREE online report shows how we can save America through a nutrition health care revolution. "Eating healthy is patriotic!" Click here to read it now...

The Healing Power of Sunlight and Vitamin D

In this exclusive interview, Dr. Michael Holick reveals fascinating facts on how vitamin D is created and used in the human body to ward off chronic diseases like cancer, osteoporosis, mental disorders and more. Click here to read it now...

Vaccines: Get the Full Story

The International Medical Council on Vaccination has released, exclusively through NaturalNews.com, a groundbreaking document containing the signatures of physicians, brain surgeons and professors, all of which have signed on to a document stating that vaccines pose a significant risk of harm to the health of children. Click here to read it now...



This site is part of the Natural News Network © 2011 All Rights Reserved. Privacy | Terms All content posted on this site is commentary or opinion and is protected under Free Speech. Truth Publishing International, LTD. is not responsible for content written by contributing authors. The information on this site is provided for educational and entertainment purposes only. It is not intended as a substitute for professional advice of any kind. Truth Publishing assumes no responsibility for the use or misuse of this material. Your use of this website indicates your agreement to these terms and those published here. All trademarks, registered trademarks and servicemarks mentioned on this site are the property of their respective owners.