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Drugs too expensive for third world poor
Patents enable companies to create a monopoly on a product, permitting
artificially high pricing. Third World critics of the western-dominated
pharmaceutical industry point out that these corporations spend
millions of dollars researching profitable lifestyle drugs like
Viagra but neglect the diseases of the poor like malaria and tuberculosis
(TB).The court case in South Africa, where 40 transnational pharmaceutical
companies took the South African government to court to prevent
it importing cheap generic drugs which were needed to treat AIDS,
illustrates the determination of giant corporations, such as GlaxoSmithKline,
to protect their patents at any cost. The usual rationale - huge
research and development costs - that the companies give for seeking
patents did not pertain in this case. The medication was developed
in public institutions. The disparity in costs were staggering.
At present, Ciprofloxican, an essential medicine for AIDS sufferers,
costs South Africa's public health sector 52p per pill and the country's
private health care providers more than £3 per pill. If the new
law is implemented, a generic drug could be imported from India
for 4p per pill. Obviously, access to generic drugs would assist
37 million people suffering from AIDS in Africa alone. The court
action, which was watched with interest around the world, turned
into a PR disaster for the giant pharmaceuticals.
Drug dependency on specific companies
The genes that are perceived to "cause" many common illnesses have
either been patented or applications have been lodged for the patent.
Already Duke University in the U.S. has taken out a patent on the
Alzheimer's gene which they have licensed to Glaxo. The National
Institute of Health has applied for a patent on a Parkinson's disease
gene. Myriad Genetics, which is now owned by Novartis, has applied
for a patent on a cardiovascular disease gene. A patent on the melanoma
gene is owned by Millennium Pharmaceuticals. Even a gene associated
with obesity has now been patented by Millennium Pharmaceuticals
and licensed to Hoffmann-LaRoche. These and a host of other patents
will now be enforced in Europe since the Directive on the Legal
Protection of Biotechnological Inventions was passed by the European
Parliament on 12 May 1998. The EU Council of Ministers approved
the Directive in Autumn 1998, but the Dutch Government has filed
a nullity suit at the European Court of Justice against it. Italy
also opposes it. The Dutch challenge says that it violates the basic
rights of citizens by creating dependencies between patients and
single companies who are patent holders.
Increasing health costs
The U.S. Biotech company Myriad Genetics has applied for a patent
on the breast cancer gene BRCA 1, as well as all therapeutic and
diagnostic applications that result from the knowledge of the gene.
If this patent is granted the company will be allowed to charge
patients every time a diagnostic screening is performed. At present,
it costs Britain's National Health Service (NHS) £600 to screen
patients for two breast cancer genes BRCA-1 and 2. It costs £30-35
for each subsequent test. Myriad Genetics, on the other hand, charges
£1,500 to screen and £300 for succeeding tests. Such costs would
be prohibitive and restrict access to these tests to the rich. Staff
at the Regional Genetics Service of Central Manchester Healthcare
wrote to all the members of the European Parliament in July 1997
stating that patenting genes would make, "the possibility of genetic
testing for disorders such as heart disease or breast cancer so
prohibitively expensive it would be beyond the scope of the National
Health Service (NHS)".
Hinder progress in science and medicine.
Opponents of patenting also believe that a patenting culture will
promote a climate of secrecy in science. The scientific information
and the materials that are required for specific research will become
more expensive and difficult to obtain if one corporation owns a
patent on them. This, in practice, will deter rather than promote
research. With the passing of the Biopatenting Directive, a patent
owner can now decide who will be allowed to use a gene or gene sequence
for developing a diagnosis, therapy, medicine or trangenic organism.
Recently a British and U.S. team of researchers were working together
on isolating and decoding a gene for breast cancer. Once the gene
was isolated the U.S. team patented it and effectively pushed their
British colleagues out of the race.
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Researchers at Eli Lilly pharmaceuticals investigated
Madagascar's Rosy Periwinkle, a low-growing tropical plant with
delicate pink blossoms, in 1958, following clues from indigenous
medicine men, or shamans. They found that the plant contained two
powerful alkaloids: Vinblastine and Vincristine. The former was
found to be effective against Hodgkin's disease, resulting in an
80% remission in sufferers of this form of lymph cancer. Vincristine
achieves a 90% remission rate against childhood leukaemia. Global
sales of Vincristine and Vinblastine earn Eli Lilly about $100 million
each year.
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