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Archiver > GENEALOGY-DNA > 2010-11 > 1288729005


From: "grandcross" <>
Subject: [DNA] US says no patents on genes
Date: Tue, 2 Nov 2010 15:16:45 -0500


>From the NY Times

http://www.nytimes.com/2010/10/30/business/30drug.html?_r=2


In his ruling last March, Federal Judge Sweet said, inter alia, genes were
important for the *information they convey*, and in that sense, an isolated
gene was not really different from a gene in the body. I wonder how the
legal counsel at the FDA will react to this judicial thinking in terms of
any proposed assertion of regulatory authority by their agency over genetic
testing. Maybe it will influence their thinking.

Is the government seeking to regulate the dangers inherent in the
nation's food supply, medical devices or drugs placed in the stream of
commerce? Or is it really seeking to obstruct the dissemination of
*information* derived from genomic testing as the result of a legal
transaction between a willing buyer and a provider of the service from a
qualified lab?




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