The Supreme Court has thrown a wrench into the gears of Canada’s
biotechnology industry, says a prominent promoter of agricultural
biotechnology.
And he doubts that the federal government will rush to play mechanic.
“There are a lot of other issues to deal with, and people aren’t
marching in the streets about this one,” said Allan McHughen, a
University of California biotechnology professor and former plant
breeder at the University of Saskatchewan.
The court recently ruled that a genetically modified mouse could not be
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given a patent. The process of creating the original mouse at a
cellular level is patentable, the court said, but that patent does not
extend to live mice.
McHughen said the court’s ruling has rattled the industry because
biotech companies are unsure what can be patented. The court disallowed
patents for “higher life forms,” but said lower life forms could be
patented. It did not, however, show where the dividing line between
higher and lower life forms lies, saying that is the role of Parliament
to clarify.
This lack of clarity is dangerous, said McHughen.
“Uncertainty is always anxiety-inducing,” said McHughen.
“People who are investing in research don’t like uncertainty.”
McHughen said companies won’t know where to focus their research unless
the dividing line between patentable and non-patentable life forms
exists.
“At least you would know what the rules are.
“I’m sure many of these firms, large and small, could deal with a very
decisive position, whatever the government declares, because then
people would know where to put their money.”
McHughen said companies that wanted to invest in research that would
require patenting plants or animals will probably move to another
country if the government declared that these life forms could not be
patented.
These companies might also stay in Canada but switch their research to
an area that the government declared could be protected by patent law.
