Debbie,
You wrote, "If you were in charge of straightening out the whole breastmilk
component patent mess, what should be done, or could be done, to correct these
situations?  ie:  What laws would have to be enacted?"

I believe that the John Moore case that went to the California Supreme Court
gives us a partial answer.  The Supreme Court ruled that John Moore did not
have a "right" to his body parts.  But that there was a BREECH OF FIDUCIARY DUTY
in failing to inform him of the potential commercial value of his cells.  I
believe that anytime you donate human milk a statement should be made on the
consent form that there is a potential commercial value to their milk ($3600 per
gram for purified human lactoferrin used in research).  I believe that a mom
should be able to opt out of having her milk used for research purposes and
state that use must go to infants or adults in need of the human milk.   I think
the donor has the right to know the percentage of milk that is unusable or
thrown out in any milk bank.

I think class action lawsuits are a possibility.  Women who donated their
milk have a right to some of the profits reaped by the various institutions and
industries.  Interestingly enough, this may include many women in developing
nations who donated their milk for hiv/aids studies. (this would have to be
symbolic because I think it would be impossible to find these women due to the
conditions in developing countries) Monies would be repayment for the enormous
damage that has been done to breastfeeding in developing countries because of
hiv/aids policies.  Think of the Tobacco lawsuits...

I think patents on the real human milk components should be outlawed.  I
believe that any patents that are claiming ownership of the real thing are not
ethical and should not be legal in any country.

I wholeheartly support human milk banking.  I believe that every major city
should have at least one human milk bank. I am not criticizing any particular
person or institution when I discuss these issues.  I am not a lawyer but I
think this issue is a legal one.  But as I have said before, the first step is
recognition of the problem.  And from my viewpoint, recognition has not yet
happened.
Valerie W. McClain, IBCLC








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