2012 Pa T3

In  2010,  a federal judge shook  America's  biotech industry to  its core. Companies had won patents for isolated DNA for decades- by 2005 some 20% of human genes were patented. But in March 2010 a judge ruled that genes were unpatentable. Executives were violently agitated.  The Biotechnology Industry Organisation (BIO), a trade group, assured members that this  was just a “preliminary step" in a longer battle.

2010年,一位联邦法官彻底震惊了美国生物技术行业。此前数十年,公司们一直在享有分离DNA的专利一截止到2005年,约20%的人类基因已被申请专利。但在2010年3月,一位法官做出裁决:基因不可申请专利。这让(生物技术公司)主管们发狂般地焦躁不安。作为贸易团体,生物技术工业组织(BIO)向其成员承诺,这只是一场长期战争的“第一步”。

On July 29th they were relieved, at least temporarily. A federal appeals court overturned the prior decision, ruling that Myriad Genetics could indeed hold patents to two genes that help forecast a woman's risk of breast cancer. The chief executive of Myriad, a company in Utah, said the ruling was a blessing to firms and patients alike.

7月29日,他们如释重负,至少暂时如此。联邦上诉法院推翻了先前判决,裁决Myriad Genetics公司的确可以拥有两项帮助预测女性乳腺癌风险的基因专利。位于犹他州的 Myriad公司的执行总裁认为,这一裁决无论对于公司还是对于病人都是一种福音。

But as companies continue their attempts at personalised medicine, the courts will remain rather busy. The Myriad case itself is probably not over. Critics make three main arguments against gene patents: a gene is a product of nature, So it may not be patented; gene patents suppress innovation rather than reward it; and patents' monopolies restrict access to genetic tests such as Myriad's. A growing number seem to agree. Last year a federal task-force urged reform for patents related to genetic tests. In October the Department of Justice filed a brief in the Myriad case, arguing that an isolated DNA molecule “is no less a product of nature..than are cotton fibres that have been separated from cotton seeds”

但随着公司继续对个性化医疗进行尝试,未来法庭仍然会相当忙碌。Myriad案本身可能并未完结。批评者主要提出了三条反对基因专利的理由:基因是自然的产物,所以不可申请专利;基因专利抑制了创新而非奖励创新;专利垄断限制了人们对基因测试的使用,如对Myriad基因测试的使用。似乎越来越多的人们趋于认同上述观点。去年,联邦专项小组敦促对基因检测方面的专利进行改革。十月,司法部针对Myriad案提交的案情摘要中提出,分离的DNA分子“就像从棉花籽中分离出的棉纤维一样,仅仅是自然的产物”。

Despite the appeals court's decision, big questions remain unanswered. For example, it is unclear whether the sequencing of a whole  genome violates the patents of individual genes within it. The case may yet reach the Supreme Court.

尽管上诉法庭已经做出了裁决,但重大问题依然悬而未决。  例如,对一个完整基因组进行排序是否会侵犯其内部单个基因所获得的专利,这一问题尚不明朗。  这一案件可能会上诉至最高法院

As the industry advances, however, other suits may have an even greater impact.  Companies  are unlikely to file many  more  patents  for human DNA molecules一most are already patented or in the public  domain. Firms  are now studying how  genes interact,  looking for correlations  that might  be  used to determine the causes of disease or predict a drug's efficacy. Companies are eager to win patents for "connecting the dots,” explains Hans Sauer, a lawyer for the BIO.

然而,随着这一行业的发展,其他诉讼可能会产生更大影响。公司已不大可能就“人类DNA分子”申请许多专利大多数该类基因早已被申请专利,或是属于公共领域。各企业当前正在研究基因间如何相互作用,以寻找可能用于确定疾病诱因或预测药物疗效的关联物。来自BIO的律师Hans Sauer解释道,各企业正急于获取“连点”专利。

Their success may be determined by a suit related to this issue, brought by the Mayo Clinic, which the Supreme Court will hear in its next term. The BIO recently held a convention  which included sessions to coach lawyers on the shifting landscape for patents. Each meeting was packed.

他们能否成功可能取决于一起由Mayo诊所引发的相关案件,最高法院将于下一庭审期对这一案件进行听审。BIO最近召开大会,开展一系列会议针对目前变换的专利情形对律师进行培训。每一场会议都座无虚席。

31. It can be learned from Paragraph 1 that the biotech companies would like

[A] genes to be patentable

[B] the BIO to issue a warning

[C] their executives to be active

[D] judges to rule out gene patenting

32. Those who are against gene patents believe that

[A] genetic tests are not reliable

[B] only man-made products are patentable

[C] patents on genes depend much on innovation

[D] courts should restrict access to genetic tests

33. According to Hans Sauer, companies are eager to win patents for

[A] discovering gene interactions

[B] establishing disease correlations

[C] drawing pictures of genes

[D] identifying  human DNA

34. By saying“Each meeting was packed”(Line 4,Para. 6),the author means that

[A] the supreme court was authoritative

[B] the BIO was a powerful organisation

[C] gene patenting was a great concerm

[D] lawyers were keen to attend conventions

35. Generally speaking, the author's attitude toward gene patenting is

[A] critical 

[B] supportive 

[C] scornful 

[D] objective

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