基因所有权接受审判

伦敦 ——2010 2 月上旬,纽约一家美国联邦地区法院开始审理一宗具有标志性意义的案件,裁定个人是否对自己体内的基因组将以何种方式决定他们未来的健康状况“有知情权”。这起由 美国民权联盟 起诉 迈里德遗传学公司 的案件可能会在很大程度上影响医学的进步和科学的发展。

此案争论的焦点在于基因专利究竟帮助还是阻碍了相关研究的发展,以及患者是否必需向生物技术公司付费,才能测试自己的疾病倾向。

原告之一名叫 利斯贝思·切里亚尼,她是一位 43 岁患有乳腺癌的女性,医生建议她接受与乳腺癌特定遗传形式相关的两项基因突变测试。美国唯一一家测试服务提供商 迈里德遗传学公司拒绝接受她的保险,而 切里亚尼则因此无法承担测试开销。迈里德遗传学公司不仅拥有诊断测试专利,而且掌握着 基因本身 的专利所有权。切里亚尼和她的主治大夫也因此无法获知其临床治疗的可能结果。此案的其他五名原告 —— 及各大医疗机构 —— 也提出了类似的申诉。

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