Biotechnologies et brevets : le cas de la pharmacogénomique

by Joly, Yann

In the last decade, pharmacogenomics has become the "revolution" mantra for numerous researchers and industry representatives. The research interest of the industry for pharmacogenomics will be determined by financing possibilities and prospective economic benefits. In this perspective, the intellectual property system (more specifically patents), has always been the privileged tool to motivate research and development of pharmaceutical products. However, its application to pharmacogenomics is controversial. This study evaluates the applicability of the international patent system to the area of pharmacogenomics. A comparative review and analysis of international laws and guidelines applicable to biotechnology and pharmaceutical patents as well as a review of the literature was carried out. Our study found that the patent system remains a viable solution to promote research and development of pharmacogenomics. However, some adjustments are needed to ensure that overbroad patent having a weak legal basis are not granted on both new pharmacogenomic research tools and diagnostic tests since this could be detrimental to research and limit access to healthcare. Strategies are suggested to promote a patent system, applicable to the field of biotechnology, that will give the necessary incentive to inventors and industry while protecting our fundamental human values.