In an honest-to-god David vs Goliath moment, an Australian cancer patient has won her high court challenge against corporations owning human genes.
US-based biotech company Myriad Genetics has had a patent over the BRCA-1 gene, which is linked to a risk of hereditary breast and ovarian cancers.
Today, Queenslander Yvonne D’Arcy said, through the power of the courts, fuuuuuhk. that.
Her lawyers argued that genetic material is a product of nature, even where isolated from the body, and is therefore unpatentable. They contended that by allowing corporations to own patents over human genes, they were slamming cancer patients with a double whammy by stifling cancer research, AND charging exorbitant rates for patients wanting to be tested for the BRCA1 mutation.
Myriad Genetics had succeeded twice in the Federal Courts – arguing that the gene was an “invention” – but the High Court has today overturned those decisions.
Speaking to media afterwards, D’Arcy said:
“For all those people who do have the genetic footprint for breast cancer or any cancer basically, it’s a win for them because now they’re forewarned.”
“The testing will be a lot cheaper and it will be more available … rather than using only Myriad’s agents at a price that nobody really can afford.”
“I’m only a little person, but it’s not the size of the dog in the fight, it’s the size of the fight in the dog.”
“I’m just hoping that other countries will see sense and follow us and the Americans.”
And then she had a cheeky bubbly. BLESS.
Bottoms up! Cancer survivor Yvonne D’Arcy toasts to legal victory against corporations owning patents on human genes. pic.twitter.com/h4JvYOA38T
— Alexandra Patrikios (@Alex_Patrikios) October 7, 2015
Image: Twitter.
via ABC / The Guardian.
