I just sent the following email to the Board of Directors of ILCA. I am
hoping that anyone who is opposed to patents on life consider writing ILCA and
whoever is responsible for this new tenet for IBCLCs.
Valerie W. McClain, IBCLC
To the ILCA Board of Directors:
I just received my newsletter, The IBCLICK! On page 5, I found that the
IBCLE has added a new tenet to its Code of Ethics. I do hope that the Board of
Directors realizes the implications of this tenet, "Understand, recognize,
respect and acknowledge intellectual property rights, including but not limited to
copyrights (that apply to written material, photographs, slides,
illustrations, etc.), trademarks, service marks, and patents."
I see nothing wrong with this tenet until we consider patenting. My
understanding of the patents on human milk components has me very concerned about the
ramifications of this portion of the tenet. This means that IBCLC's must
recognize and acknowledge the rights of patents to human life, ie. the patenting
of human lactoferrin (the real thing) by Baylor College of Medicine, the
patenting of HMFG (the real thing) by John Hopkins School of Medicine, the
patenting of human lactoferrin (the real thing) to treat and inactivate HIV/AIDS by
Snowbrand Milk Products of Japan which is now Nestle of Japan. This would also
include that IBCLC's accept and recognize the patenting of gene constructs of
various human milk components to be genetically engineered and used in infant
formula, drugs, and vaccines.
It seems to me that ownership of components in human milk, or the gene
constructs of those components will ultimately mean that breastfeeding will be
endangered. Endangered by the need to imitate human milk and make a profit from
marketing of this imitation. The WHO Code is difficult to enforce around the
world. If we have components that are identical or "considered" identical to
human milk components (the FDA considers genetically engineering identical to
the real/natural element of life), we will be fighting an increasing battle
against corporations using "the just like breastmilk" theme. We already see this
being done by some companies who market colostrum supplements.
We are an international organization, exactly how will we understand,
recognize, respect and acknowledge the conflicting patents in various countries?
Will we recognize the "Pharm woman" patent in the USA or will we recognize the
"Pharm woman" patent in Australia? Or both patents? Which country and its
interests will predominate in our organization? The USA? If so, can we call
ourselves an international organization?
I have been doing research on the patenting of human milk component patenting
since 1999. I can barely keep up with just the human milk component patents
in the USA (over 1000 human milk component patents and applications). How
will ILCA stay up-to date with patenting around the world and make sure that its
members follow this new tenet?
The implications of IBCLCs having to accept patenting of human milk
components is far-reaching. I have to wonder if other health care professionals must
"understand, recognize, respect and acknowledge" patenting. Ownership of human
milk components and its gene constructs belongs to who? Corporations?
Medical colleges? The US Government? The Australian Government? Ethically,
morally should anyone own these components and use these to make products that
compete with breastfeeding? What right does a professional organization have to
make its members "accept" patents on human life? I hope you will consider
revising or eliminating this tenet.
Sincerely,
Valerie W. McClain, IBCLC
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