Nathaniel Lipkus
Sep. 26, 2016
A landmark settlement that granted public health access to a genetic test for a heart condition could have a ripple effect on gene patents, according to an article in Law Times. In his article, Michael McKiernan examines a recent settlement in which the Children’s Hospital of Eastern Ontario (CHEO) was granted licences to use Transgenomic Inc.’s patented genes for diagnostic testing to detect a heart condition known as Long QT syndrome. The settlement also allows any public hospital to use this testing on a non-profit basis. Some legal professionals are hoping this will provide a precedent for future government intervention under Section 19 of Canada’s Patent Act, according to the article. Nathaniel Lipkus, Osler partner in the Intellectual Property Group, acted as counsel to the CHEO on a pro bono basis and says he hopes the settlement provides the framework for public access to future gene patents.
“Right now, we’re focused on trying to leverage the agreement as much as we can for policy purposes,” Nathaniel tells Law Times. “I think it’s being taken quite seriously as a model. It respects the public health system, and preserves the ability for patent holders to explore commercial opportunities in the private sector.”
Nathaniel also explains how the CHEO’s approach was unique compared to groups in other countries making similar legal challenges to gene patents.
“In the U.S. and Australia, they were framed as human rights cases; almost as a crusade against gene patents, but neither we nor the hospital were interested in that,” Nathaniel tells Law Times. “We just wanted to make sure that this test and the next generation of genetic tests are going to be available publicly.”
If you subscribe to Law Times online, you can find out more by reading Michael McKiernan’s article “Focus: Hospitals should push for use of gene patents, prof says,” in Law Times.