Patenting of Higher Life Forms and Related Issues - Text Version

News Release

(Ottawa, June 6, 2002) -- Canada should prohibit the patenting of human beings but allow the patenting of other higher life forms, the expert committee that advises the Government of Canada on biotechnology issues announced today.

In Patenting of Higher Life Forms and Related Issues, the Canadian Biotechnology Advisory Committee (CBAC) discusses key social and ethical issues involved in deciding whether higher life forms should be patentable in Canada. The report also discusses and makes recommendations on equitable sharing of the benefits of biotechnological inventions, traditional knowledge and intellectual property, and improving the administration of the patent system.

"No matter what the Supreme Court decides on the Harvard onco-mouse case and consequently on the patenting of higher life forms, it is CBAC's view that changes to Canada's patent system should be made by Parliament and not by the courts," said Dr. Arnold Naimark, CBAC's Chair.

There are two key recommendations:

• Patents should not be granted on human bodies at any stage of development.
• Higher life forms (seeds, plants, and non-human animals) which meet the criteria in the Patent Act should be patentable, subject to certain limits.

"In our report, we have attempted to provide guidance for the government, not just on whether to allow patents on higher life forms, but also for answering the questions which will inevitably arise if such patents are allowed," added Naimark. "Because this is not a simple yes or no question, we are urging the government to consider certain of the recommendations as a package. We look forward to hearing from the government on how it intends to respond to our advice."

In preparing its report, CBAC took into account the results of its research studies, multi-stakeholder national roundtables, public opinion research and responses to its Interim Report. As with all CBAC advice, the recommendations were reached by consensus. Members were unanimous on all but one of the recommendations.

CBAC is a body of external experts in the fields of science, business, nutrition, law, the environment, philosophy, ethics and public advocacy, established by the Government of Canada to provide public policy advice on a range of biotechnology issues. CBAC reports to the federal ministers of Health, Agriculture and Agri-Food, Environment, Natural Resources, Fisheries and Oceans, Industry, and International Trade.

Note to Editors and News Directors: A more detailed backgrounder or a copy of the report may be obtained from our website www.cbac-cccb.ca or by calling the toll-free number: 1 866 748-CBAC (748-2222).

For further information, contact:
Conrad Bellehumeur
Senior Advisor, Communications
Canadian Biotechnology Advisory Committee
(613) 954-7059