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Memorandum to Cabinet Policy Committee: Report Back with Recommendations and Options for Addressing Genetic Material Patents

Hon Annette King, Minister of Health and Hon Judith Tizard, Associate Minister of Commerce
[ Last Updated 25 October 2005 ]


1. This report back presents recommendations on the issues and possible options for addressing concerns over patents on genetic material.1


1In the context of this paper "genetic material" includes whole genomes, single genes, or gene fragments. Where gene patents claim isolated genetic materials, the genetic sequences of that material are part of the description of the invention. It does not refer to whole organisms. While there are some overlaps with the issues raised by Convention on Bio-Diversity and indigenous ownership of native flora and fauna, the focus of this of this review is on the suitability of genetic material as a patentable subject matter and whether patents on such subject matter are overly broad, rather than on the issue of ownership of genetic material. The concerns raised in this paper largely relate to the health and research sectors and while the majority of concern is on human DNA, it is not confined to this.



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