A recent Australian court ruling allowing US biotech company Myriad Genetics to continue to own the patent over the BRCA1 gene is not expected to have a significant impact on patients or research here in New Zealand, according to local experts.
The Australian breast cancer patient Yvonne D’Arcy, whom launched the original case in 2010 against Myriad Genetics, did so over fears of the potential rise in costs to cancer patients if genes are patented.
However, Senior Genetic Counsellor, Dr Alison McEwen of Genetic Health Service NZ, does not think the latest ruling will affect the cost or accessibility for cancer patients here in New Zealand.
"It shouldn’t affect patients because as long as they meet the criteria the public health system covers the cost of the test for them." In New Zealand, approximately 200 women are tested for the BRCA gene each year at a cost of around $2000 per patient. While BRCA gene testing for NZ patients is carried out in labs in Australia and New Zealand, Dr McEwen does not expect the recent court ruling to result in any changes to the current procedures. "We have been able to continue the BRCA testing throughout the years in which this case has been before the courts without an increase in costs or any other changes."
Cancer advocates in Australia are also concerned that the gene patent could lead to a stifling of research and innovation. However, a Wellington-based patent attorney does not see any real cause for concern in NZ.
Senior Associate at Baldwins Intellectual Property firm, Jared Scarlett said that under a new patent law which was formally enacted in law recently there is an exemption for research. However, Mr Scarlett did agree that if a similar case was challenged in New Zealand our courts would be strongly influenced by the Australian ruling.
BCAC Chair, Libby Burgess said that while breast cancer advocates here in New Zealand would be keen to see the ruling overturned, she was satisfied that there would be a limited impact on this recent ruling for breast cancer patients here in NZ. "While we are concerned that a naturally occurring breast cancer gene can be patented for commercial gain in Australia, it is reassuring to know that the Australian ruling will not affect access to or the cost of BRCA testing for New Zealand patients and that it is unlikely to limit research into novel tests or treatments."
It was announced last week that cancer advocates in Australia will appeal to the High Court to overturn the recent ruling to allow the BRCA gene to be patented.
29 September 2014
