It is not ethically justifiable for researchers and human subjects to claim property rights on genes.

IT IS NOT ETHICALLY JUSTIFIABLE FOR RESEARCHERS AND HUMAN SUBJECTS TO CLAIM PROPERTY RIGHTS ON GENES

The completion of the Human Genome Project has resulted in the identification of thousands of genes that are associated to specific medical diss . The discovery of novel genes specific to a medical condition has also resulted in the creation and design of specific analytical tests that are now routinely employed in the clinical research laboratories which facilitate rapid diagnosis of medical conditions . These specific clinical assays , now commonly called genetic tests , follow a unique molecular

principle that each specific gene is encoded by a string of deoxyribonucleotide (DNA ) sequences , of which any modifications in the size and composition of these sequences would result in a medical dis . The development of several genetic tests has facilitated individuals and families that are in need of knowing whether a specific disease is hereditary or common in their family history . Hence this revolutionary breakthrough has resulted in a new approach to medical treatment that transforms the bench-side or laboratory experimentation to the bedside or patient application

Concomitantly , the generation of the human genome sequence data has also has also resulted in the filing of thousands of patents that aim to claim property rights on specific genes . The application of patents is strongly linked to commercialization of a genetic test because once an assay has been validated of its efficiency and reliability , the technology may be adapted by other hospitals and research centers . The system of patenting is a form of intervention that is subsidized by the government to promote innovation and to encourage scientists researchers and inventors to monopolize the technological assay that they have designed . As a result , the patenting and commercialization of these genetic tests has influenced patent holders to exploit the end-consumers of their inventions , which is technically the patients that request for genetic testing (Reynolds and Stoianoff , 2003 Through the patent system , the scientists and inventors who are associated with the specific gene and genetic test control the use and employment of these genetic tests and therefore , not all healthcare facilities and other clinical research centers could provide the specific genetic test unless they pay for propriety fees for the use of the diagnostic assay . This results in the payment of high prices for a specific diagnostic genetic test and since there are no competing companies that provide the same diagnostic test due to patent and property rights restrictions , the prices may be extremely high . It is therefore not ethical to claim property rights on genes because the public may not maximize the use of specific genetic diagnostic tests because of these commercialized settings

A good case example is that of the gene patent of Myriad Genetics , Inc in partnership with Genetic Technologies of Australia . Myriad Genetics was granted property rights over the gene BRCA1 (breast carcinoma 1 ) and BRCA2 (breast carcinoma 2 , which are genes linked to a higher susceptibility to familial breast and ovarian cancers (Rimmer , 2003 The BRCA1 /BRCA2 patent awarded...