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From:
Rachel Myr <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Wed, 19 Nov 2008 06:05:02 -0500
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From Valerie McClain I have permission to forward this to the list.  It is
relevant to our discussion about how we judge the ethics of commercial
agents whose products relate to our work.

'The real issue should be Medela's ownership of a patent called, "Human Milk
Fortifiers and Methods for Their Production."  This European Patent was
approved but later rejected because Medela was late in paying the fees.  But
the patent is also being applied for in the USA, Australia, World, etc. 
Medela and inventors Peter Hartmann, Ching Tat Lai, Jillian Lois Sherriff,
Karen Norrie Simmer, Michelle Anne Lewis, Leon Robert Mitoulas, and Bronwyn
Isabelle Davis stake claims on human milk.  The World Patent Office has
questions about this patent because of its broad claims to human milk.  Most
patents on human milk (some 2000) are about specific components: 
lactoferrin, HMFG, bile salt-activated enzume, etc.  Thus a pump company has
a desire to monopolize and profit from all of human milk unlike Nestle who
only puts a claim on a few components.  
Tenet # 25 of the IBCLC Code of Ethics states that IBCLCs are to
"Understand, recognize, respect, and acknowledge intellectual property
rights..."  Patents are included in that tenet.  How is this happening, when
IBCLCs are kept ignorant of Medela's intention to own and monopolize on all
human milk?  Of course Prolacta is their competition in claiming ownership
of human milk with their human milk fortifier patent application.  So the
next few years will be interesting to see who wins. '

I find this sobering.  While we debate whether a company is crossing a line
in how they display feeding bottles on their website, patents are being
applied for that could in a worst case scenario make it a patent violation
for a NICU in S. Africa or somewhere else without money to buy commercial
human milk-based fortifier, to engage in lactoengineering.  I think Magda's
concern about the fact that the most active research into how breastmilk is
produced and removed from the breast, comes from a group funded largely by a
company with a vested interest in the milk itself.  This transcends the
Code, which after all was written years before such research was imaginable.
 This one needs to be judged by the smell test.  I did, and it failed.  

Rachel Myr
Kristiansand, Norway

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