Commercial exploitation of the human genome: what are the problems?

Commercial activities frequently take place against a background of the ownership of intellectual property, for example patents or know-how. This is particularly true of human health care companies and companies operating in the field of biotechnology, where the high cost and long time frames of research and development demand a degree of exclusivity in order to achieve an acceptable return on the investment. It follows that any company with an interest in using biotechnology to generate human health care products will have a strong interest in the ownership of property, much of which will have its origins in knowledge of the human genome. Claims to the ownership of portions of the human genome have been made public in recent times and these have been treated with everything from disgust to derision. However, a more considered analysis of this question will be found to turn on the relationship between discovery and invention in this field. This paper examines this question in relation to current commercial activities where information from the human genome is being used and attempts to draw some conclusions about what may be the impact of knowledge of the genome on commercial activities in the future.