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IT IS hard to believe that anyone would gamble
over who owns a killer like the H5N1 bird flu
virus, but it happened this week. A game of
high-stakes poker is under way, and it is
getting ugly. The outcome is critical if we are
to have a vaccine, yet to resolve it successfully

means dealing with some heavy historical

baggage. The issues include who owns which
genes, who gets to use them and on what
terms, and how we deal with the chasm
between rich and poor nations.

The problem, as we have noted before, is
that H5N1 is mainly striking poor countries,
while only rich countries have the resources to
produce a vaccine against the virus, should it
turn into a human pandemic. Poor countries
already send rich nations samples of the virus,

and rich countries are developing vaccines.
Rich countries are placing orders for pre-
pandemic stockpiles, monopolising what
spare vaccine manufacturing capacity there
is. When a pandemic actually starts, the
vaccine makers’ governments will clamp

down on exports of vaccine, so only the
countries with their own factories get any.
Poor countries get zip.

Indonesia has rightly perceived that if it
sends virus to the World Health Organization
and its collaborating labs it gets no more than
it does if it sends no samples. If it does the
latter, at least rich countries might do

something about the situation, because then
they are as vulnerable as Indonesia. That was
where we left it (New Scientist, 17 February, p 3).

Here, a long-standing effort to right one
of the world’s injustices is taking a hand. For
more than two decades, the mainly tropical
poor countries have battled for ownership

of their teeming biological resources.New
Scientist has always supported this. It seems

only fair that countries should profit from
the genes on their territories as surely as they
do from their inventions and patents.

In 1992 the Convention on Biological
Diversity gave countries ownership of genetic

resources. Indonesia is using this right to say
it owns its H5N1 and should get a say in who
can use it to make a vaccine. In return it wants
“benefit sharing” – in other words, the means
to make vaccine. It and a dozen allies proposed
at the WHO’s annual meeting that this should
apply to all nations in this situation.

That’s fair enough as far as it goes, and
WHO member states agreed this week to begin

negotiations (see page 6). The big question is
what happens now. If countries with H5N1
don’t share their viruses until a deal is
hammered out, it could mean nobody gets
any vaccine. Viruses evolve fast, and vaccine
development cannot be postponed while we
resolve a century’s worth of global inequality.

So what do we do? The WHO wants all

countries to freely share their pathogens so
vaccines can be made
as fast as possible.
This is where the

ugliness comes in:
some nations are
accusing the WHO
of devious
behaviour – of
changing its rules
over virus sharing
so that poor countries
keep supplying
samples that allow its collaborating labs to
profit from deals with vaccine makers.
The accusations seem based on, at best, a
misunderstanding. New Scientist can find no
evidence of deviousness. The truth is that the
whole system needs an overhaul. WHO labs do
turn samples from Indonesia and elsewhere
into artificial viruses that can be used to
make vaccines. They then sign ownership
agreements with vaccine companies. It should

not be beyond the wit of these organisations
to include the virus supplier in such
agreements. Sorting this out is what the

negotiations are for.

What is most needed is goodwill. The WHO
and its rich backers should negotiate in good
faith and not stall. Indonesia – and China,
which has shared no virus for some time –

should immediately resume sending H5N1
samples to the WHO.

The final irony is that all this fighting is over phantoms: a vaccine that hasn’t been developed yet and pre-pandemic vaccine

manufacturing capacity that does not exist.

To cap it all, today’s factories will not be able
to make enough vaccine for their home
countries during a pandemic, never mind
for everyone else. What we need is the means
to make vaccine for everyone, wherever a
deadly virus emerges. If we do not do that,
then regardless of who wins the global poker
game over H5N1, we will all lose the game

that really matters.

“If countries with
H5N1 don’t share
their virus until a
deal is hammered
out, it could
mean nobody
gets any vaccine”

A game we all lose
There’s a dangerous tussle taking place over ownership of bird flu virus
www.newscientist.com
26 May 2007 | NewScientist |5
Upfront
News in perspective

NOT many people want a nuclear
power station in their backyard,
but that’s the prospect facing

communities on both sides

of the Atlantic as governments weigh up where to build a new wave of reactors.

In the US, where more than
30 reactors are up for approval,
the Nuclear Regulatory
Commission has already given
the green light to sites in
Clinton, Illinois, and Grand
Gulf, Mississippi. Now a UK
AFTER more than two years of
legal wrangling, California is free

to spend over $3 billion during the next decade on stem cell research – the largest sum any body has

proposed to spend on stem cells.
In November 2004, voters
backed the creation of the
California Institute for
Regenerative Medicine (CIRM)
with the goal of boosting research

using human embryonic stem
cells. This is currently hampered
by restrictions on federal funding.

Opponents of embryo research
claimed the move violated
California’s constitution. Their

A STALEMATE between countries hit by deadly H5N1 flu and others that want virus samples to make vaccines seems closer to ending.

As New Scientist went to press,
member states of the World

Health Organization meeting in Geneva, Switzerland, had agreed to find ways to share samples

more fairly and planned to

launch negotiations between the governments involved. However, it was not yet clear if this would

persuade countries to start
releasing vital samples of the
virus again any time soon.
Last November, Indonesia
stopped sending samples from

people infected with H5N1 to
foreign labs that work with the
WHO. These labs track the virus’s

evolution and allow companies

to use them to develop vaccines.
Indonesia says this is unfair, as
it is unlikely to be able to buy
vaccine based on its own virus
(New Scientist, 31 March, p 6).

Consequently, it refused to

send any more samples unless
it was guaranteed access to
resulting vaccines. Last week it
sent samples to a Japanese lab,
but from only two of the 15

Indonesian cases known since last
November. Indonesian officials
said further deliveries depended
on the WHO “making progress”
in resolving its problem.

Governments will discuss
possible solutions in October,

but Indonesia has not said
whether it will send more samples
before then. “We can’t wait for

negotiations to finish,” a senior WHO official told New Scientist. “Viruses evolve too fast.”

(See editorial comment, page 5)

Here’s the species forecast, issued on
World Biodiversity Day, 22 May: a gloomy
outlook for many species in the face of
climate change.

Released at the same time, the
MONARCH report by the UK’s Department
for Environment, Food and Rural Affairs
examined the fate of 32 species native to
the UK and Ireland up to the year 2080.
Seven years in the making, the report
finds that a quarter of the species,
including almost everything now
restricted to the cooler parts of the UK,
will be squeezed out as these regions
warm, says Pam Berry at the University
of Oxford, who co-authored the report.

Fifteen species seem to fare better,
with an increase in areas with a suitable
climate, and six species, including the
stag beetle (pictured), will be forced

WILDLIFE WILL FEEL THE HEAT
northwards with rising temperatures.

Even these mixed results may paint
an overly rosy picture. Although
temperatures in these new regions may
suit these species, the habitats may not
be hospitable for them, says Berry, who
is working on a similar Europe-wide
report. It may also be impossible for
species to relocate to new areas, says
Hilary Allison of the Woodland Trust. “All
these studies say the same thing,” Berry
says. “We need to both cut greenhouse
gas emissions and help species adapt to
climate change in the here and now.”

At the same time the first
assessment of all European mammals,
carried out by the World Conservation
Union, shows that nearly 1 in 6
mammal species is now threatened
with extinction.

STEPHENDALT
ON/NHPA
Sizewell has the right connections
BRIANHARRIS
/ALAMY

“Further deliveries depend on the WHO making progress to resolve Indonesia’s problem”

Heading north
6 | NewScientist | 26 May 2007
www.newscientist.com
Stand-off off?
Nuclear map
Bonanza time
challenge ended on 16 May, when
the state supreme court declined
to review an earlier ruling that had
upheld CIRM’s constitutionality.

Now CIRM is free to raise some
$300 million per year by selling
bonds. Previously it was limited to
a $150 million loan from the state
government plus $45 million lent

by philanthropic groups.

CIRM still faces bruising
internal battles. Last month,
patient advocates complained

that its president, Zach Hall, was rushing to spend $222 million on new lab buildings. Hall resigned, two months before his planned

departure, and now public
hearings will be held on the plans.
60 SECONDS
Gulf gas leaves its mark

US soldiers who were exposed to high
levels of the nerve gas sarin in the 1991
Gulf war now have less white matter
in their brains than those who
encountered less of the gas. The
findings, published inNeuroToxicolo gy

(DOI: 10.1016/j.neuro.2007.03.006),

support the idea that chemical
weapons caused Gulf war syndrome
(New Scientist, 6 November 2004, p 8).

Worst-case carbon

Carbon dioxide emissions are growing
even faster than envisaged in
the worst-case scenario of the
Intergovernmental Panel on Climate
Change, according to Australian
research institution CSIRO. Emissions
growth suddenly accelerated between
2000 and 2004 because global energy
efficiency got worse.

Virgin shark birth

DNA analysis has shown that a
hammerhead shark was born in a
Nebraska aquarium from a virgin
mother. All the shark’s DNA derives
from the mother, so the embryo must
have resulted from a rare process in
which an unfertilised egg develops
as if it had been fertilised (Biology

Letters, DOI: 10.1098/rsbl.2007.0189).
Ash Trek

The ashes of James Doohan, who
played Scotty in Star Trek, were
recovered from the New Mexico desert
on 18 May. Last month UP Aerospace
launched the remains of Doohan and
200 others to spend 4 minutes in
suborbital flight at a maximum
altitude of 117 kilometres. On landing
the payload remained lost in the San
Andres mountains for 20 days.

Hanging on to smallpox

The world’s last known stockpiles of
smallpox virus were given a further
four-year stay of execution from the
UN World Health Assembly on 18 May.
Originally slated for destruction in
2002, the US and Russian stockpiles
have been retained for research to
defend against biowarfare.

government report released on
Wednesday alongside an energy

policy paper is offering the first
clues to where some of the
10 planned plants might be built.
Existing sites at Hinkley Point
in Somerset and Sizewell in
Suffolk are best suited for the
£1.2 billion reactors because of
their good connections to the

electricity grid, the report says.
Bradwell in Essex and Dungeness
in Kent are also possibilities.
These coastal sites, which are
all in southern England, may

require flood defences because of the threat of rising sea levels due to climate change, says the report’s author Ian Jackson, an

independent nuclear consultant.
PIRATES of the Caribbean they
ain’t. But Odyssey Marine
Exploration, a private marine
exploration company in Tampa,
Florida, has landed itself the
largest haul of shipwrecked
treasure in history. The 350-year-
old wreck, discovered in
international waters off the coast
of south-west England, contains

500,000 silver and gold coins
weighing 17 tonnes and worth
hundreds of millions of dollars.

The haul has triggered a debate
about how finds on delicate
wrecks should be studied. “We
have treated this site with kid
gloves, and the archaeological
work done by our team out there
is unsurpassed,” says Odyssey
co-founder John Morris.
Odyssey has legal ownership

of the contents of any wreck it
finds in international waters, but
some researchers fear that the

archaeological value of the find
will not be realised. “Sites of
this age should be investigated
archaeologically and not just seen
as a salvage opportunity,” says
Chris Dobbs of the Mary Rose
Trust in Portsmouth, UK.
FROM promoting bad science
to climate change denialism,

ExxonMobil has been accused of
many wrongs when it comes to
global warming. Now the world’s
most profitable company can add
a rare charge indeed to the list:

upsetting the shareholders.

At the annual investor meeting
in Texas on 30 May, shareholders
will vote on a resolution that
would require the oil giant to

develop “quantitative goals”
for reducing greenhouse gas
emissions. Approval could send

shock waves through a company that officially acknowledges only a “risk” that human activity is

causing climate change.
Stanford University
in California is one of the
dissatisfied investors. In 2002
Exxon pledged $100 million to
help establish the Global Climate

and Energy Project at Stanford, which researches clean energy technology. But Stanford

alumnus Kirk Miller argues that Exxon is exploiting the relationship to cultivate an

environmentally friendly image.

The funding, he says, is a token
gesture from a company with
profits in the billions.

Exxon spokesman Gantt
Walton says of GCEP, “It’s only one
of many other actions on climate
change we invest in.”

“The haul has triggered a
debate over how delicate
wrecks should be studied”

Don’t say hybrid: say cybrid. That’s the
new name for an embryo created by
combining genetic material from
humans with eggs from other animals,
most likely rabbits or cows. The
terminology could help sidestep the
UK’s ban on the creation of embryos
containing both animal and human
genes – and it seems to be working.

On 17 May, the UK government
issued a draft bill to overhaul the
existing legislation and allow human-
animal “cybrids” to be created solely for
research purposes. It would also allow
animal genes or cells to be added to
human embryos for research purposes.

The draft bill runs counter to
proposals issued last year prohibiting
such research except on a case-by-case
basis. However, the new legislation may

take many months to finalise – and it
is not yet certain whether functional
cybrids can be created.

The rationale for cybrids is that
animal eggs are plentiful compared with
the human eggs required to create
embryos for stem cell research. Made by
fusing a human cell or its nucleus with
an animal egg stripped of its own
nuclear DNA, they contain a minuscule
amount of genetic material from the
animal – 13 mitochondrial genes –
compared with 23,000 human genes.
These embryos would yield essentially
human stem cells providing a “disease-

in-a-dish” for study, according to Stephen

Minger of King’s College London, who
heads one of three UK teams hoping to
use cybrids to investigate motor neuron
disease and muscular dystrophy.

‘CYBRID’ STEM CELLS GET OK
MIODRAGSTOJ
KOVIC/SPL
More of these, please
www.newscientist.com
26 May 2007 | NewScientist |7
Exxon challenged
Sunken treasure

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