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   Re: [xml-dev] Another Microsoft XML patent

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Ken North wrote:

>>What's next?
>Patenting life forms.
>>From http://www.dhgp.de/ethics/ethics03.html
>"The European Union has taken the demand of industry and research after a
>uniform handling of patenting into account and issued the Patent Law Guideline
>98/44/EG for biotechnological matters. To the dismay of the adversaries, this
>guideline allows the patenting of gene-technological and biotechnological
>products. As is done with technical patents, they must be a novelty, an
>inventive work and must show the possibility of industrial use."
>...Gene-sequences, regardless whether concerning short strands of DNA, complete
>genes or the genome, should be looked upon as a common property of humanity and
>be available to all. They represent a pool of information, whose access may not
>be blocked by patents in specific areas.
>... The problems caused by granting a material-patent on a sequence and all its
>following developments may be seen on the example of the patent for the breast
>cancer genes BRCA1 and BRCA2 (Kemper 2002). In this case, the American company
>Myriad Genetics was granted the patents for both genes and the developed
>gene-tests on the basis of these sequences, with which a prediction of a breast
>cancer probability is possible. The European Patent Office granted them the
>patent on BRCA1 in 2002, followed by BRCA2 in January 03. On the legal basis of
>these patents, Myriad is aggressively pushing through its rights against all
>other suppliers for the sole implementation of diagnostic gene tests on these
>genes. Even though the other tests are based on a different technical method,
>the law is on the side of Myriad, as they own the patent for the gene, including
>all associated processes.
and that's exactly my point. when did things change from the science of 
"this is the gene" and the patent "this is how we use it" to "we own the 

anyone asked god about this lately? anyone asked george bush about this 
attack on god's ip?

this is not a religious statement (i'm probably the last to defend 
religion on anything), but i trust others can see just how silly this is.

can i put it another way. we can all understand owning what you invent. 
but what you discover? the historical implications alone are too huge to 


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fn:Rick  Marshall
tel;cell:+61 411 287 530


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