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Book Cover
Book
Author Australia. Law Reform Commission.

Title Gene patenting and human health : discussion paper / Australian Law Reform Commission
Published [Sydney] : Australian Law Reform Commission, 2004
Sydney : Australian Law Reform Commission, 2004
©2004

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Location Call no. Vol. Availability
 MELB  KL 176 Aus/Dpa  2004/68  AVAILABLE
Description 816 pages ; 25 cm
4 3/4 in
Series Discussion paper (Australia. Law Reform Commission) ; DP 68
Discussion paper (Australia. Law Reform Commission) ; DP 68
Contents pt. A. Introduction -- 1. Introduction to the inquiry -- 2. The patent system and the nature of reform -- 3. Economic, social and ethical dimensions -- pt. B. Patent laws and practices -- 4. International legal framework -- 5. Domestic legal framework -- 6. Patentability of genetic materials and technologies -- 7. Exclusions from patentability -- 8. Patent office practices -- 9. Challenging and enforcing patents rights -- 10/. Jurisdictional issues. -- pt. C. Patents and genetic research -- 11. Finding for research and development -- 12. Publicity funded research and intellectual property -- 13. Patents and human genetic research -- 14. Experimental and research use defences -- 15. Research culture, patents and commercialisation -- 16. Stem cell technologies -- Pt. D. Patents and commercialisation of biotechnology -- 17. Overview of biotechnology industry -- 18. Technology transfer from publicly funded research institutions -- 19. Patents and the biotechnology industry -- pt. E. Patents and human health -- 20. Gene patents and the health care system -- 21. Gene patents and healthcare provision -- 22. Medical treatment defence -- pt. F. Licensing and commercial arguments -- 23. Licensing of patent rights -- 24. Patents and competition law -- 25. Prices surveillance -- pt. G. Non-voluntary uses -- 26. Crown use and acquisition -- 27. Compulsory licensing -- 28. Statutory licensing scheme -- pt. H. Other intellectual property issues -- 29. Copyright , trade secrets and designs -- 30. Protection of genetic databases
Summary On 4 December 2002 the Australian Government announced that it would ask the Australian Law Reform Commission (ALRC) to conduct an Inquiry into intellectual property issues raised by genetic information. The Terms of Reference required the ALRC to examine the impact of patent laws and practices as they relate to 'genes and genetic and related technologies.' This was to be done in three contexts: the conduct of research and its subsequent application and commercialisation; the Australian biotechnology sector; and the cost-effective provision of healthcare. The ALRC was also asked to report on what changes may be required to address any problems that were identified in current laws and practices 'with the aim of encouraging the creation and use of intellectual property to further the health and economic benefits of genetic research and genetic and related technologies.' In making its Inquiry, the ALRC was also to have regard to a number of considerations including: the role of intellectual property rights in promoting technological innovation; the potential for human genetics to improve the quality of life of all Australians; the ethical, legal and social issues arising from intellectual property in genes and genetic technologies; the national interest in using genetic technologies in agriculture and industry; trade and investment issues affecting intellecutal property; and international obligations and practices, both existing and proposed
Analysis Electronic resource
Genetic engineering
Medical genetics
Patents
Ethics
Health care
STER
Notes "February 2004"
At head of title: Australian Law Reform Commission
Bibliography Includes bibliographical references
Notes Also available in an electronic version via the Internet. Address as at 31/3/04: http://www.austlii.edu.au/au/other/alrc/publications/dp/68
Subject Genetic engineering -- Australia -- Patents.
Biotechnology -- Research -- Law and legislation -- Australia.
Biotechnology -- Patents.
Patent laws and legislation -- Australia.
Human genetics -- Research -- Law and legislation -- Australia.
Patents -- Australia.
Author Australia. Law Reform Commission.
LC no. 00002536
ISBN 097506004X