Team:Macquarie Australia/Outreach/Law
From 2014.igem.org
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The Macquarie iGEM team urges the Australian Parliament to extend the exemption to patent regarding genes to commercial use of human genes, to ensure the best medical care is accessible to all Australians at an affordable cost. | The Macquarie iGEM team urges the Australian Parliament to extend the exemption to patent regarding genes to commercial use of human genes, to ensure the best medical care is accessible to all Australians at an affordable cost. | ||
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<li><a href="https://static.igem.org/mediawiki/2014/0/0a/Synbio_Australia_Law_1.7.pdf">Full Report: The Australian approach to intellectual property; Myriad on Appeal in Australia. October 2014</a></li> | <li><a href="https://static.igem.org/mediawiki/2014/0/0a/Synbio_Australia_Law_1.7.pdf">Full Report: The Australian approach to intellectual property; Myriad on Appeal in Australia. October 2014</a></li> | ||
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Revision as of 02:26, 15 October 2014
SynBio & AUS Law
Australian legal scholarship has discussed synthetic biology, in particular, the potential to patents genes, for almost a decade. The U.S. Myriad decision, ruling that genes are not valid subjects for patents, posed a challenge to Australian legal scholars; Australia allowed domestic patenting of genes, specifically, Myriad's patent of the BRCA1 and BRCA2 breast cancer risk factor genes. This decision was in disagreement with prior Australian case law, which considered genes to be a valid object for a patent. In July 2014, the D'Arcy case appealed this issue to the High Court, testing the Myriad reasoning in Australian courts. The Macquarie University iGEM team therefore has identified the need to review and provide a summary of Australian patent law in light of the new authority on the subject.
The Macquarie iGEM team urges the Australian Parliament to extend the exemption to patent regarding genes to commercial use of human genes, to ensure the best medical care is accessible to all Australians at an affordable cost.