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Law of Genetics

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Melissa Fournier

on 28 April 2010

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Transcript of Law of Genetics

The Law of Genetics
Employment Discrimination based on Genetic Testing
Gene Patents
Current and Pending Legislation in the Federal Government
Genetic Information Nondiscrimination Act of 2008
National Human Genome Research Institute (NHGRI)
Also known as GINA
Web site has complete legislative history including THOMAS links
Also has links to federal regulations & agency information

Agencies That Oversee GINA
U.S. Department of Health and Human Services
Internal Revenue Service
Department of Labor Massacusetts Amended General Law 151B on
August 22, 2000 to add the phrase "genetic information" to the nondiscrimination law. Massachusetts Commission Against Discrimination
Definition of "genetic information" as it relates to MA law
Fact sheet on genetic testing
Contact information to the MA Division of Insurance related questions on discrimination
Detailed list of what is unlawful for an employer to do with genetic information in MA NHGRI Policy & Legislation Database
Great site for multi-state legislation on laws of genetic testing
Run search string of:
Content type=federal & state statutes & laws
Source=all states
topic=employment/insurance discrimination Lexis Database of Interest
"Issues and Trends in the Regulation of
Genetic Testing"
Coverage=The most current data available
Frequency=One time only
Updated Regularly=Atypical update schedule/as
received from the publisher
"Issues & Trends in the Regulation of Gentic Testing" cont..
An authoritative analysis of important cases, codes, statutes
rulings, emerging issues or legal topics
Each commentary covers an important case, code or statute
Brain trust of Lexis/Nexis authors
More current & concentrated than a treatises & more analytical
than news coverage Current Estimate of Genes in the Human Genome
Current Statistics on DNA/Gene Patents
U.S. Granted Patents= 53,536
U.S. Patent Applications= 79,250
About 20% of Human Genes have already been patented Can you actually patent a human gene?
Isn't that like patenting my big toe?
What gives someone the right to patent my %#@?! big toe? Diamond v. Chakrabarty
447 U.S. 303 (1980) Helpful Print Source
United States Supreme Court Digest (West)
Table of Cases, alphabetically arranged and
easy to use
Keyed to:
"Constitutional Law" (Vol. 4C 2470. 2318)
"Patent Law" (Vol. 10B, 3,5,6,14)
"Statues" (Vol. 12B, 190) Helpful Web Sites:

Wikipedia (http://www.wikipedia.org/wiki/Diamondv.Charkrabarty)
Provides key case info, including all citations,court membership
decision, background info & docket #

Oyez U.S. Supreme Court Media
Search by case name or docket #
Bayh-Dole Act
35 U.S.C. section 200-212
37 C.F.R. 401
Current/Recent Devlopment in the Gene
Patent Debate:
Association for Molecular Pathology, et.al., plaintiffs, v. United States Patent & Trademark Office, et.al. Defendants
Useful Website for Research on the case:
Kennedy Institute for Ethics Library &
Information Services
Basic Search="gene+patent+
In="all fields"
Click= "full text available" link
Click =publication type="all types"

This is a GREAT web site for the latest "buzz" DNA Patents Database (http://dnapatents.georgetown.edu)

Contains USPTO records of DNA-based patents
and patent applications
Database supported by ELSI,NIH,Office of Science,
U.S. Department of Energy & National Genome Research Institute Lexis/Nexis Database of Interest
"Patent Law Emerging Issues"
Coverage of the most current data available
Collection of articles provides expert guidance written
by attorneys practicing in the fields
Covers wide range of recent cases, regulations, trends
and developments
Covers national, state,and international issues & provides expert insight in important areas of legal developments "Chisum on Patents: A Treastise on the Law of Patentability
Validity & Infringement" (Lexis/Nexis)
In print- great subject & case index
Electronic version on Lexis-"Chisum" database
In the electronic version you must search the TOC,
link terms and connectors "genetic" or "genetic engineering"- Frankly....the print is easier to use
Current and Pending Legislation
Genomics & Personalized Medicine Act of 2008
(S. 976, 111th Cong. (2007) and H.R. 6498, 110th Cong. (2008)
Patients Act of 2009
(S. 1259.IS, 111th Cong. (2009) and H.R. 3002.IH, 111th Cong. (2009) Office of Science Policy of the National Institute of Health
-Office of Biotechnology Activities-Secretary's Advisory Committee
on Genetics, Health & Science (SACGHS)
A rich source of information on how genetic technologies are being integrated into health care and public health, including current patent policy for "Personalized Medicine" FANTASTIC WEBSITES!!!! PubMed
For articles on GINA's impact on the medical community, pharmacogenomics, gene patents, bioethics etc. Duke Institute of Genome Science & Policy
FANTASTIC! -A great website that allows access to a number of databases for research (some are not accesssible to the public-but great to find out about for your library)
Databases Cover:
Business and Research- Such as EDGAR (contains annual reports)
Legal- LitAlert- For researching litigation on U.S. patents and trademarks
Literature Database
Patent Database Websites For Those "Reference Interviews" that
Leave You Thinking....
"What the $#@&%$ did he just say?
How can I find something when I don't know what he just asked me?" HUGO Gene Nomenclature Committee
All approved gene names & symbols are store in the HGNC database Human Genome Project Information
Helpful place to go to find definitions and explanations of the science behind the HGP in a lay person's terms. Talking Glossary of Genetic Terms

NHGRI site has a toolbar @ the top of the page labeled "education"- This link will take you to the "Glossary of Terms"-both in print and spoken in video.
Alphabetically arranged and also allows for keyword searching
Full transcript