Several recent gene patent controversies have energized and refocused the human gene patent debate in Canada. These include the use of the Myriad test for breast cancer by the provinces, patenting of the Severe Acute Respiratory Syndrome virus and a recent Supreme Court decision rejecting the patenting of ‘higher life forms’. These cases place the emerging policy conflicts between the innovation and commercialization agenda of the government and the desire to provide equitable access to health care in sharp focus. Another challenge faced by Canada is the powerful influence of the United States in policy decisions. Although these issues have raised awareness about the possibility of reforming the patent system, Parliament has yet to consider any of the suggested reforms of the Canadian patent system and there are no formal proposals pending.

Knoppers BM, Caulfield T, Kinsella D: Legal Rights and Human Genetic Material. Toronto, Montgomery, 1996.
Parliamentary Standing Committee on Health: Assisted Reproduction: Building Families. Research Branch of the Library of Parliament, 2001.
Sheremeta L, Gold R, Caulfield T: Harmonizing commercialization and gene patent policy with other social goals; in Knoppers BM (ed): Populations and Genetics: Legal and Socio-Ethical Perspectives. Boston, Nijhoff, 2003, pp 423–452.
Cook-Deegan RM, McCormack SJ: Patents, secrecy and DNA. Science 2001;293:217.
Cook-Deegan RM, Walters L, Pressman L, Pau D, McCormack S, Gatchalian J, Burges R: Preliminary data on US DNA-based patents and plans for a survey of licensing practices; in Knoppers BM (ed): Populations and Genetics: Legal and Socio-Ethical Perspectives. Boston, Nijhoff, 2003, pp 453–471.
Kondro W: Universities promise more tech transfer. Science 2002;298:1699.
Canadian Institutes of Health Research Act, RSC 2000, c6.
BIOTECanada: Economic importance of biotechnology industry to Canada. 2002.
Romanow RJ: Building on Values: The Future of Health Care in Canada. Ottawa, Commission on the Future of Health Care in Canada, 2002.
Straus J: Bargaining around the TRIPS agreement: the case for ongoing public-private initiatives to facilitate worldwide intellectual property transactions. Duke J Comp Int Law 1998;9:91.
Gold R, Castle D, Cloutier LM, Daar AS, Smith PJ: Needed: models of biotechnology intellectual property. Trends Biotechnol 2002;20:327–328.
Henry MR, Cho MK, Weaver MA, Merz JF: DNA patenting and licensing. Science 2003;297:1279.
Gold R: From theory to practice: health care and the patent system. Health Law J spec ed 2003, pp 21–39.
Williams-Jones B: History of a gene patent: tracing the development and application of commercial BRCA testing. Health Law J 2002;10:123–146.
King MC, Marks J, Mandell J: Breast and ovarian cancer risk due to inherited mutations in BRCA1 and BRCA2.Science 2003;302:643–646.
Gold R, Caulfield T, Ray P: Gene patents and the standard of care. CMAJ 2002;167:256–257.
Foster S: Gene patent fight imperils health care system. The Edmonton Journal, Aug 24, 2001, Sect A1.
Benzie R: Ontario to defy US patents on cancer genes. The National Post, Sept 20, 2001, Sect A15.
Ontario Government: Ontario report to premiers – Genetics, testing and gene patenting: charting new territory in healthcare. 2002.
Steed J: Seeds of conflict. Toronto Star, Nov 18, 2003.
Bueckert D: Ontario government intervenes in high-profile gene patenting case. Canadian Press, Oct 7, 2003.
National Advisory Committee on SARS and Public Health: Learning from SARS: Renewal of Public Health in Canada. Ottawa, Health Canada, 2003.
Gold R: SARS genome patent: symptom of disease. Lancet 2003;361:2002–2003.
Harvard Collegeversus Canada (Commissioner of Patents), SCJ No 77 (2002).
BIOTECanada responds to Supreme Court decision on Harvard mouse case. Canada News Wire, Dec 5, 2002.
Caulfield T, Knoppers BM, Gold R, Sheremeta LE, Bridge PJ: Genetic technologies, health care policy and the patent bargain. Clin Genet 2003;63:15–18.
Freeze C: Ontario seeks to intervene in biofoods court case. The Globe and Mail, Oct 9, 2003, Sect A5.
Nuffield Council on Bioethics (England): The Ethics of Patenting DNA.London, Nuffield Council on Bioethics, 2002.
Australian Law Reform Commission: Terms of reference – Intellectual property rights over genetic materials and genetic related technologies. 2002.
Abbott FM: The Doha Declaration on the TRIPS agreement and public health: lighting a dark corner at the WTO. J Int Econ Law 2002;5:469–505.
Buctuanon EM: Globalization of biotechnology. New Genet Soc 2001;20:25.
van Beuzekom B: Biotechnology Statistics in OECD Member Countries. Paris, OECD, 2001.
Thomas S, Hopkins M, Brady M: Shares in the human genome – The future of patenting DNA. Nat Biotechnol 2002;20:1185–1187.
Cho M, Illangasekare S, Weaver M, et al: Effects of patents and licenses on the provision of clinical genetic testing services. J Mol Diagn 2003;5:3–8.
Government of Canada: Seventh Wave: Public Opinion Research into Biotechnology Issues Presented to the Biotechnology Assistant Deputy Minister Coordinating Committee (BACC). Pollara Research and Earnscliffe Research and Communications, 2002.
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