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7 Health L.J. 69 (1999)
Patenting DNA and Amino Acid Sequences - An Australian Perspective

handle is hein.journals/hthlj7 and id is 73 raw text is: Patenting DNA and Amino Acid Sequences - An Australian Perspective David Keays I. Introduction In the clear brilliant waters of the Great Barrier Reef lies a humble cone shell, Conus magus. Its colourful shell disguises a more sinister purpose. As an unsuspecting fish floats past, it is suddenly dealt a deadly blow. The proboscis of the shell fires like a miniature harpoon, delivering a fatal dose of neurotoxin., The lethal weapon of this cone shell did not go undetected. A group of scientists from Utah2 soon recognised its potential: a precursor for drugs that control pain and inflammation, and a possible treatment for schizophrenia and epilepsy. Unbeknown to that tiny marine snail, the small peptides which form its neurotoxin,3 peptides it had used for thousands of years, were recognised as an invention by the United States Patent Office.4 Despite being native only to the Indo-Pacific, it is a group in the United States that has been granted an exclusive monopoly over the conotoxins that are produced by that inconspicuous cone shell. It is one of several conotoxins, native to Australian waters, but patented by groups in the other countries. As scientists, pressured by commercial agendas, frantically patent new amino acid and gene sequences, we need to stop, think and reflect. Are gene and amino acid sequences really inventions? Will such patent grants restrict future research? Does the patenting of gene sequences encourage exploitation of other countries' genetic resources? Will the horrors of colonialism in the last millennium be replaced with biocolonialism in this one? Is the human genome destined to be owned by a group of large transnational corporations? In short, should we patent the building blocks of life? This paper focuses on the patentability of genetic sequences, primarily from an Australian perspective. Part II of the paper canvasses the arguments both for and *David Keays is a post graduate student at the University of Melbourne, Melbourne, Australia. The author wishes to extend thanks to Associate Professor Loane Skene, Dr. Charles Lawson and Dr. Clive Turner for their helpful comments. Thanks is also owed to Sarah Barker and Natasha Ruff. All errors and omissions remain the that of the author. 'These neurotoxins are known as conotoxins or conotokins. 2This group is lead by Baldomero Olivera. See V.D. Monje et al., A new Conus Peptide Ligand for Ca Channel Subtypes (1993) 32:11 Neuropharmacology 1141; B.M. Olivera et al., Diversity of Conus Neuropeptides (1990) 249 Science 257-263; B.M. Olivera et al., Conotoxins (1991) 266 J.Biol.Chem. 22067-22070. 'Omega conotoxins subtypes MVIIC and MVIID. A close relative, omega conotoxin MVIIA also found in Conus magus, is currently being trialed by Neurex Corporation to treat neurogenic pain. Code named SNX-I 11 it is said to be 100-1000 times more powerful than morphine, but lacks the addictive qualities. The amino acid sequence for omega conotoxin MVIIA has not been patented. 4U.S. Patent 5591821. This patent is in respect to a number of omega conotoxins, specifically MVIIC and MVIID.

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