Myriad Updates: Clinical Data as Trade Secrets and a Pending Certiorari Decision
By Dan Vorhaus,
Genomics Law Report
| 11. 28. 2012
Earlier this month, my colleagues John Conley, Robert Cook-Deegan, James Evans and I published a policy article in the
European Journal of Human Genetics (EJHG) entitled “
The next controversy in genetic testing: clinical data as trade secrets.”
The EJHG article is open access so you can read the
entire article at the EJHG website, but here is the abstract:
Sole-source business models for genetic testing can create private databases containing information vital to interpreting the clinical significance of human genetic variations. But incomplete access to those databases threatens to impede the clinical interpretation of genomic medicine. National health systems and insurers, regulators, researchers, providers and patients all have a strong interest in ensuring broad access to information about the clinical significance of variants discovered through genetic testing. They can create incentives for sharing data and interpretive algorithms in several ways, including: promoting voluntary sharing; requiring laboratories to share as a condition of payment for or regulatory approval of laboratory services; establishing – and compelling participation in – resources that capture the information needed to interpret the data...
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