"When a company of merchants undertake, at their own risk and expense, to establish a new trade with some remote and barbarous nation, it may not be unreasonable to incorporate them into joint stock company, and to grant them, in case of their success, a monopoly of the trade for a certain number of years. It is the easiest and most natural way in which the state can recompense them for hazarding a dangerous and expensive experiment, of which the public is afterwards to reap the benefit. A temporary monopoly of this kind may be vindicated upon the same principles upon which a like monopoly of a new machine is granted to its inventor, and that of a new book to its author". (A. Smith, Wealth of Nations, Bk. V., chap. I, p. 278, Cannan Edition) "None of the empirical evidence at our disposal and none of the theoretical arguments presented either confirms or confutes the belief that the patent system has promoted the progress of the technical arts and the productivity of the economy …" Fritz Machlup, Study n° 15, Subcomm. Patents, Trademarks and Copyrights fo the U.S. Senate judiciary Comm., 1-2, 20-21, 44-45, 76-80 (1958). Alan Murray. Protecting intellectual property will be the key for developed nations. Wall Street Journal Wednesday November 9, 2006 "Intellectual property, in all its myriad forms, has become the leading product of the U.S. economy. A recent paper by economists Robert Shapiro and Kevin Hassett puts its total value at about $5 trillion. Unless the gouvernments of the world can reach some agreement on how to protect that property, the economic future of the U.S. and other nations at the top of the global food chain, is in doubt." "The challenge for capitalism is figuring out how to balance the creator's right to profit from their creations and society's desire to spread the benefits of those creations… There are no clear-cut answers to these problems, and no free-market solutions." October 2005 In spite of worldwide protests against Terminator, the patent is now granted and will apply to Europe. (25/10/05) 20% of human genes are patented. 78 % U.S. 6% Europe 4% Japon 2% Canada 10% unknown 63 % private 28 "public" 10% unknown Source : Kyle Jensen et Fiona Murray, in Science 0ctober 2005 As long as the harvested grain is next year seed, the breeder/seedman has no market. As a businessman, his goal is to prevent farmers from sowing their harvested grain, namely to sterilize plants (and animals) by whatever means available (biological, technical, regulatory, contractual, or legal-patents) plants and animals. In a profit driven society, the law of profit runs against the law of life. Life is wrong. A capitalist society wages a war against life. But this war has to remain secret. "Control of gene expression" (USDA and Delta and Pine Land Co. common patent 1998) Alias Terminator - the greatest technical triumph of biology applied to agriculture of the last 150 years - the greatest political blunder, since it revealed the secret of agricultural genetics BREEDING/CLONING FROM THE ORIGINS TO SO-CALLED GMOS, i.e., PCC, AND DOLLY OUTLINE Clone : population of genetically identical (or nearly so) organisms TWO CASES : - ORGANISMS « BREEDING TRUE TO TYPE » (AUTOGAMOUS PLANTS (wheat, barley, soybeans, tomatoes, etc.) - ORGANISMS NOT « BREEDING TRUE TO TYPE » (allogamous plants - maize, vegetable species mammals) Autogamous plants « breeding true to type » - farmer reproduce such clones on their farms Production Reproduction - However, a clone being « Homogenous and Stable » - it is a living dead- can be made proprietary. It suffice to describe it minutiously enough to Distinguish from the other clones. - D. H. S. = first form of property rights on plants (France, 1920's, 1961, UPOV system of breeders" rights) SPECIES naturally not « breeding true to type » : Heterozygous clones Farmers cannot reproduce such clones on their farms Production separated from reproduction First Terminator ! (U.S. Heterozygous cloning invented in 1908 by George Shull, success some 25 years later after a mobilisation of "Public research" to develop this technique of expropriation). But carefully mystified by geneticists and breeders : they call these proprietary clones "hybrid corn varieties" A « hybrid corn variety » is the contrary of variety, it is a clone : - Its characteristic is not being « hybrid », but being proprietary, i.e., reproducible by the breeder and the breeder only A clone turns the farmer’s field into a selffertilisation machinery So that corn suffers from the worst form of inbreeding depression, because it selffertilises in the farmer’s field. Reality : Breeders use self-fertilisation depression to destroy the corn plant in the farmer’s field to gain a monopoly on reproduction Scientific Orwellian inversion of reality : Breeders and geneticists believe and so far, succeeded in having almost everyone believe that they use the reverse phenomenon of selffertilisation depression i.e., « Heterosis » to improve maize ! GMOs are : - - Clones Chimerical Patented Patents = privilege on reproduction for the "life science industry" i.e., Insecticides, pesticides, fongicides, gametocides + Sterilisation of life Monsanto TO REPORT ANY TECHNOLOGY VIOLATION, PLEASE CALL 1-888RRC-TIPS (1-888-772-8477) Callers can choose to remain anonymous if desired Pharmaceutical industry Economic features Highest returns by whatever criteria Profit : 16-18 % of sales (automobile industry around 3%) Marketing expenses : 33% of sales, Research Expenses : 12-15 % of sales Research is sterile (Philippe Pignarre, Le grand secret de l'industrie pharmaceutique 2003) Patented drugs sold anywhere from 30 to 50 times more than the same generic drug manufactured in India or Brazil. Constant lobbying to increase patent protection via TRIPS of WTO European Directive 98/44 Directive 98/44 creates a privilege for the discovery of genes, including human genes (article 5-2), "even if the structure of this element is similar to that of a natural element". The distinction between invention and discovery is blurred; The patenting of genes ( means of producing future medicines) is added to the patenting of drugs. The illness becomes a monopoly (patents filed by Myriad Genetics on genes involved in breast cancer). In short, investors possess the disease but do not have it, and the sick have it but do not possess it. The genetic theory of desease Turning anybody in good health into a potentially sick one Pourrait-on voir un jour des gouvernements, voire des firmes pharmaceutiques, traînés devant la Cour pénale internationale pour «crime contre l'humanité» par abstention ou «non-assistance à peuple en danger» ? Ce n'est pas impossible. Le droit à la santé des citoyens, le droit à la vie leur est nié. Les médicaments essentiels qui peuvent sauver une vie sont un bien public mondial. Reconnaître cela, c'est poser la seule question qui vaille : un bien public est-il brevetable ? German Velasquez interviewé par Florent Latrive et Christian Losson, Libération des 25 et 26 juin 2005 <I mostri esistono. Ma sono troppo pochi per essere veramente pericolosi. Piu' pericolosi sono (…) i funzionari disposti a credere ed a agire senza porre domande. Primo Levi Alan Murray. Wall Street Journal, Wednesday November 9, 2006 Protecting intellectual property will be the key for developed nations Intellectual property is one of the thorniest problems facing modern capitalism … But intellectual property is different, because it isn't inherently scarce. … The challenge for capitalism is figuring out how to balance the creator's right to profit from their creations and society's desire to spread the benefits of those creations… There are no clear-cut answers to these problems, and no free-market solutions. Ultimately, governments must decide how to balance their desire to encourage innovation against their desire to spread the benefits off the innovation. As the recent breakdown talks in Latin American demonstrate once again, different government have different ideas about how best to do that. "For the U.S., and for much of the developed world, this issue has become paramount. 'Its a huge issue,' says U.S. Commerce Secretary Carlos Gutierrez. 'There is so much of our economy that is linked to branded products, patented products, copyrights. So much of our economy thrives on creativity.' Intellectual property, in all its myriad forms, has become the leading product of the U.S. economy. A recent paper by economists Robert Shapiro and Kevin Hassett puts its total value at about $5 trillion. Unless the gouvernments of the world can reach some agreement on how to protect that property, the economic future of the U.S. and other nations at the top of the global food chain, is in doubt."