Report

Human Genetic Materials, Intellectual Property and the Health Sector

The Canadian Biotechnology Advisory Committee (CBAC) released today, its report, Human Genetic Materials, Intellectual Property and the Health Sector.

The number and complexity of genetic health innovations is growing rapidly. Concerns about the effects of granting intellectual property (IP) rights over human genetic materials were exacerbated in recent years by a few cases in which patent holders exercised IP rights in ways that many view as detrimental to both development of new health innovations and access to them by Canadians.

As stated in the report, CBAC believes action is needed now to enhance Canada's IP regime so that it is better prepared to meet the dual objectives of encouraging health innovation and making the benefits of innovation readily accessible to Canadians.

A companion report, "Human Genetic Materials: Making Canada's Intellectual Property Regime Work for the Health of Canadians" is the work of an Expert Working Party (EWP) established by CBAC to assist in developing CBAC's advice.

CBAC's report comes in response to a request from the federal Minister of Health and Minister of Industry to study this challenging and important matter. The report was delivered to the Deputy Minister of Health, Morris Rosenberg and the Deputy Minister of Industry, Suzanne Hurtubise.

Consultations and Research:

Reports on expert roundtables: Expert roundtables by sector were held with groups of health researchers, clinicians, intellectual property experts and economists, health system administrators and health system policy experts, and Federal/Provincial/Territorial health officials. A multisectoral roundtable with representatives of each of the preceding sectoral groups was also held.

Synopsis of stakeholder comments: Copies of the Expert Working Party report were circulated to stakeholders and posted to CBAC's Web site with an invitation for stakeholders to comment. These comments fed into CBAC's own analysis of the EWP report and were considered in CBAC's report and advice to government.

Commissioned research