An Australian legislative bill could have grave consequences for the country’s life sciences industry and, potentially, for patients as well. Tania Obranovich explains.
The BRCA patents, which claim breast cancer diagnostic methods and BRCA DNA molecules, have courted significant controversy in Australia. Specifically, the Australian licensee’s attempt to centralise BRCA diagnostic testing in-house caused great public concern and triggered the establishment of a Senate enquiry into the impact of granting gene patents.
This enquiry was followed by the introduction of legislation proposing to ban the patenting of all biological materials that are identical or substantially identical to such materials as they exist in nature, and itself led to the establishment of a second Senate enquiry to report on whether the Bill should be pursued. The validity of the Australian BRCA DNA claims is also currently the subject of judicial revocation proceedings.
The community concerns underpinning this controversy are essentially that:
Life Sciences Intellectual Property Review (LSIPR) tracks the increasing challenges for intellectual property specialists in the rapidly evolving world of life sciences. From gene patents to stem cell research, we provide the very best news and analysis.
To continue reading this article and to access 4,500+ articles, our digital magazines and special reports published for LSIPR subscribers only then you will need a subscription.
If you are already subscribed please login.
Official LSIPR subscribers include:
Allen & Overy
Arnold & Siedsma
Birch, Stewart, Kolasch & Birch LLP (BSKB)
Carpmaels & Ransford
European Patent Office
George Washington Law School
Kirkland & Ellis International LLP
Marks & Clerk
NiKang Therapeutics Inc.
Powell Gilbert LLP
Procopio, Cory, Hargreaves & Savitch LLP
The United States Patent and Trademark Office (USPTO)
World Intellectual Property Office
For multi-user price options, or to check if your company has an existing subscription we can add you into for FREE, please contact Atif at email@example.com.
If you have any technical issues please email tech support.
gene patents, Australia Patents Act, biotechnology