Intellectual Monopolies Kill: Two Examples

One of the reasons I object to the term "intellectual property" is that its cuddly familiarity makes it hard for people to understand that intellectual monopolies kill thousands of people every year - something that seems unlikely for "property". Here are just two of the many ways in which they do so - both involve patents on genetic material.

First example:

This week, genetic patents came under a full-bore legal assault when groups representing more than 100,000 doctors and researchers, working together with lawyers at the Public Patent Foundation and the American Civil Liberties Union, filed suit against the PTO and Myriad Genetics, a Utah-based genetic testing company. It's a lawsuit two years in the making.

The suit's immediate goal is to invalidate seven patents that give Myriad the sole rights to administer tests and do research connected to a pair of genes closely connected to breast and ovarian cancer, BRCA-1 and BRCA-2 (pronounced "bracka-one" and "bracka-two.") Should the plaintiffs prove successful, though, their strike against the PTO would have far-reaching implications.

...

Myriad is a ripe target for a several reasons. First, the patents it holds are on tests that diagnose breast and ovarian cancer. That got the attention of ACLU lawyers who focus on women's rights. Second, Ravicher says that—unlike some corporate patent-holders that widely grant low-cost licenses to researchers—Myriad has aggressively enforced its patents, making them particularly harmful.

"They have gone around and shut down researchers who are doing BRCA1 and BRCA2 research and providing clinical services," Ravicher says. "That includes universities like the University of Pennsylvania and New York University. They send cease and desist letters, and threaten to sue people."

This affects people directly and adversely:

Six named plaintiffs in the case are women who have been diagnosed with ovarian or breast cancer and have been unable to get proper treatment because of Myriad's patents. Lisbeth Ceriani, for example, is a single mother from Massachusetts who was diagnosed with breast cancer in May 2008; she can't her blood samples processed by Myriad because they won't accept her coverage from MassHealth, a Medicaid insurance program for low-income people. Another plaintiff, 39-year-old Genae Girard, wanted a second opinion after she tested positive for a dangerous mutation under Myriad's test—but because of Myriad's enforcement of its patent rights, is unable to get that second opinion.

If people with breast cancer genes are demonstrably suffering in this way, statistics tells us that some of them will be dying as a direct result of Myriad's aggressive defence of its unwarranted intellectual monopolies.

Example two:

Tara Lohan: Farmer suicides in India recently made the news when stories broke last month about 1,500 farmers taking their own lives, what do you attribute these deaths to?

Vandana Shiva: Over the last decade, 200,000 farmers have committed suicide. The 1,500 figure is for the state of Chattisgarh. In Vidharbha, 4,000 are committing suicide annually. This is the region where 4 million acres of cotton have been grown with Monsanto's Bt cotton. The suicides are a direct result of a debt trap created by ever-increasing costs of seeds and chemicals and constantly falling prices of agricultural produce.

When Monsanto's Bt cotton was introduced, the seed costs jumped from 7 rupees per kilo to 17,000 rupees per kilo. Our survey shows a thirteenfold increase in pesticide use in cotton in Vidharbha. Meantime, the $4 billion subsidy given to U.S. agribusiness for cotton has led to dumping and depression of international prices.

Squeezed between high costs and negative incomes, farmers commit suicide when their land is being appropriated by the money lenders who are the agents of the agrichemical and seed corporations. The suicides are thus a direct result of industrial globalized agriculture and corporate monopoly on seeds.

This is a particularly clear example of how intellectual monopolies take away at every level: they make seeds *less* useful, more controlled and more expensive. For hundreds of thousands of the farmers, who had managed to eke out an existence using natural seeds, the shift to those with built-in DRM and protected as part of an intellectual monopoly has not just been disastrous, but literally fatal.

So when people extol the virtues of "IP", remember that these monopolies may only be "intellectual", but they have very real blood on their virtual hands.

Follow me @glynmoody on Twitter or identi.ca.