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Friday, February 11, 2000 |
http://www.latimes.com/business/updates/lat_clinton000211.htm

Clinton Urges Public Access to Genetic Code


By PETER G. GOSSELIN, Times Staff Writer


     WASHINGTON--President Clinton said Thursday that researchers and the
public--not just a small group of drug and biotech companies--should have
ready access to the human genetic code, which is widely considered the key
to a whole new generation of drugs and medical treatments.
     "We've got to get the basic information out to everybody who might find
some particular use for it," the president said in an Oval Office interview
with three news organizations. "To me, it's pretty clear what the policy
ought to be."
     Clinton's remarks, his first about how the soon-to-be-deciphered code
should be used, came as industry is flooding the Patent and Trademark Office
with thousands of applications to patent portions of the genetic code and
policymakers wrestle with whether to limit the scope of what can be
patented.
     Critics, including some of the government's own top scientists, warn
that without limits, public access could be sharply restricted--to the
detriment of research, medical care and innovation.
     Debate over access and patents has heated up in recent months as the
job of deciphering the human genetic code, a goal that once seemed reachable
only a decade or more from now, suddenly appears to be on the verge of
completion.
     In the interview, Clinton distanced himself from the most strident
voices in the gene patenting debate, coming from those who oppose almost all
patents on human genetic material. Companies should be able to patent
particular uses of the code, the president said, to protect the huge
investments that will be required to exploit the new knowledge.
     And he refused to take sides in a narrower dispute over whether rules
recently proposed by the patent office for patenting genetic material would
adequately protect public access to the code.
     But his words seemed likely to be taken as support for those who fear
that without more stringent limits than those proposed by the patent office
the genetic code could be split up among dozens of commercial interests,
with companies claiming large and overlapping pieces and fighting over the
contested portions.
     In endorsing broad public access, the president cited support of the
academic and scientific communities. He said that gene patents should only
be issued for narrow, clearly defined genetic discoveries or inventions.
     "Most scientists and researchers believe the basic information ought to
be as broadly shared as possible . . . ," Clinton said. "Then, when people
develop something that has specific use or commercial benefit . . . , that
ought to be patentable."
     Some companies and organizations have sought to patent small pieces of
the genetic code with only the thinnest of information about how those
pieces function or how they could be used.
     Reached Thursday night, an industry spokesman refused to comment
directly on the president's remarks but said worries that patents would
limit public access to the genetic code were overblown.
     "The patent system is the best way to make sure that the information
developed by inventors is published and made available to researchers," said
Chuck Ludlam, vice president of the Biotechnology Industry Organization in
Washington. "Academic researchers are totally free to take patented genomic
material and conduct any kind of research they want as long as it is not
commercial."
     Issues of access and control of the genetic code are coming to a sudden
head largely because a group of private companies--including Celera Genomics
Group, Incyte Pharmaceutical Inc. and Human Genome Sciences--have entered
the fray with new computer technology that is allowing them to complete the
deciphering process quickly and patent parts of the code that seem to have
commercial potential.
     In doing so, the companies so far have kept most of their findings to
themselves. By contrast, the publicly financed Human Genome Project is
making its results immediately available to researchers by posting them on
the Internet.
     Most observers believe that the scope of the patents that companies
will be able to win on those portions of the code that the genome project
has deciphered and released is limited. While they can seek patent
protections for new tests, drugs or treatments based on those parts of the
code, they cannot control the underlying code itself.
     However, observers said that as things now stand companies may well be
able to get extremely broad patents on those parts of the code that they,
rather than the public project, decipher first. How broad those patents
should be is where the debate now focuses, and on that issue the president
came down on the side of narrowness.
     "I think the patenting should be for specific discoveries and
developments that have a clear and definable benefit . . . ," Clinton said.
     The effort to decipher the code is widely considered to be at the heart
of a revolution in biology and medicine that is often compared in cost,
ambition and technological daring to the splitting of the atom or sending
the first man to the moon.
     The code, carried by a person's DNA molecules, determines what traits
are passed from parents to child and how every cell in the body works. Tiny
variations are thought to cause or at least contribute to a vast array of
diseases. And understanding their operation could provide the key to new
treatments and drugs.
     Clinton has become fascinated by the effort to decipher the genome in
recent months and has adopted it as something of a symbol of the latest
frontier of science and business.
     He highlighted the effort in virtually all of his interviews at the
turn of the new year and again in his State of the Union address last month.
In each instance, he emphasized both the possibilities for new drugs and
treatments and the central role of federal funds.
     "Later this year, researchers will complete the first draft of the
entire human genome, the very blueprint of life," he said in the State of
the Union speech. "It is important for all Americans to recognize that your
tax dollars have fueled this research and that this and other wise
investments in science are leading to a revolution in our ability to detect,
treat and prevent disease."
     Earlier this week, the president tackled one fallout of the new
knowledge of genetic information: the danger it could be used by employers
to discriminate against people with higher-than-normal risks of certain
diseases. He issued an executive order limiting use of genetic information
by federal agencies in hiring and promotion.
     Officials hinted that in the coming weeks Clinton may go further on the
use of the genetic code, perhaps issuing a statement on the need for public
access. However, they said no legislation is in the works.

Copyright 2000 Los Angeles Times

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