Press Release
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| For immediate release: Monday 12th November 2001 |
Patenton life warning as links between Biotech companies and Japan Tobacco exposed
GeneWatch UK warnedtoday that granting patents on genes could lead to exclusive control over newtreatments and medicines falling into the wrong hands. The warning came asGeneWatch and The Guardian newspaper revealed exclusive deals between two USbiotech companies and Japan Tobacco for the rights to develop and market newlung cancer vaccines (1,2). Anti-tobacco campaigners and the World HealthOrganisation also condemned the deals.
“Giving a tobaccocompany exclusive rights to lung cancer vaccines is like putting Dracula incharge of a blood bank,” said Dr Helen Wallace, Deputy Director of GeneWatchUK.”The system of granting patents on genes underpins one of these exclusivedeals, allowing companies to seize genetic information and sell it to thehighest bidder. Governments must end the patenting of genes and stop biotechcompanies like Corixa and Cell Genesys riding roughshod over patients'interests.”
Clive Bates, Directorof Action on Smoking and Health (ASH) said: “Even for the tobacco industry, theattempt to integrate smoking and sickness marks a new frontier in cynicism andgreed. While they're frantically promoting the image of a carefree smokinglifestyle, they're planning to cash in on a dreadful illness.”
Derek Yach, Directorof Non-communicable Diseases at the World Health Organisation (WHO) said: “Wetackle lung cancer by breaking the addictive grip of the tobacco industry andtaking action to help people quit smoking or never start. The last company thatshould control the rights to a lung cancer vaccine is one that makes hugeprofits from products that cause the disease in the first place.”
Much of the biotechcompanies' research has involved patient volunteers. Corixa's patent claimsreveal that cells from at least two lung cancer patients were used in theirresearch. Other patients have been involved in clinical trials for the vaccines.The patents do not reveal whether the patients were smokers.
“Smoking kills,” saidDr Wallace. “It seems unlikely that these patients would have wanted theresults of research on their genes to end up in the hands of Japan Tobacco.Cancer research must not be controlled by companies who make cancer-causingproducts. Patents on genes make immoral deals like this more likely and moredamaging.”
In June 1999, theCorixa Corporation granted Japan Tobacco a 3-year exclusive licence to developand sell vaccine products aimed at preventing or treating lung cancer in NorthAmerica, Japan and many other countries (3,4). The potential vaccines are basedon Corixa's sequencing of human genes from lung cancer cells.
Since 1998, Corixahas filed 6 world patents relating to lung cancer diagnosis and therapy. Thepatents include claims for human gene sequences from lung cancer cells (5). Ifgranted, the gene patents will allow Corixa to prevent other companies andresearchers from developing or marketing other methods of diagnosing,preventing or treating lung cancer which rely on these genes for at least 20years.
A similar 1998 dealwith Cell Genesys gives Japan Tobacco sole marketing rights to its geneticallyengineered cancer vaccine in Japan, Taiwan and Korea, and joint marketingrights elsewhere (6). The deal could be worth up to $80 million if the vaccinesuccessfully completes clinical trials.
UK company BritishBiotech has also received past payments from Japan Tobacco towards developmentof a genetically engineered treatment for heart attacks and strokes (7).
Tobacco accounts foraround 90% of lung cancer in countries where smoking has been common forseveral decades (8).
For further information, pleasecontact:
DrHelen Wallace (GeneWatch UK) on +44 (0)1298 871898 or mobile: +44 (0)7903311584.
Clive Bates (ASH) +44(0)207 739 5902.
Notes to editors:
(1)GeneWatch UK Briefing, “Biotech deals put lung cancer vaccine hopes in thehands of Japan Tobacco”, November 2001, available on
(2)Japan Tobacco is the world's third largest tobacco company and makes 3 of theworld's top 5 cigarette brands: Camel, Mild Seven and Winston. The companydiversified into pharmaceuticals in 1987 although its core business remainstobacco. http://www.jti.com and
(3)US biotech company Corixa is based in Seattle. See Corixa press release, 16June 1999,
andCorixa 1999 Annual Report. Corixa made $1.6m from the deal in 1999 and receiveda further $1m milestone payment from Japan Tobacco in July 2001.
(4)The licence excludes Europe, the former Soviet Union, Argentina, Brazil andColumbia, which are covered by another exclusive licence granted by Corixa toan Italian pharmaceutical company (Zambon Group). Japan Tobacco and ZambonGroup have been given a co-exclusive licence to develop and sell lung cancervaccine products in China.
(5)The world patents are: WO0100828, WO0065053, WO0061612, WO0060077, WO9947674,WO9938973. In April this year, Corixa was granted a US patent which claims thepotential lung cancer vaccine methods although not the gene sequences.
(6)Cell Genesys Press Release, 5 April 1999,http://www.cellgenesys.com/investor/.The deal covers the use of Cell Genesys' GVAX cancer vaccine for bothprostate and lung cancer. Marketing rights in the US are excluded (retained byCell Genesys). In this case, the genes themselves are not patented.
(7)British Biotech Press Release, 30 June 1999,
(8) Information ontobacco and health on www.ash.org.uk.
