Is there still a place for gene patents in Australia? Implications of recent United States and European case law

This article considers the ramifications of recent United States and European litigation relating to patents claiming rights to genes associated with hereditary forms of breast cancer (the so-called BRCA genes) for recently commenced Australian litigation relating to the same subject matter. The article is contextualised with brief summaries of the relevant patent law, the science of genetics, the history of the BRCA genes and an overview of the activities of the patent holder. The analysis of first instance and appeal decisions on the validity of the United States BRCA patents shows the final outcome is still highly uncertain in that jurisdiction, while the European litigation provides little assistance in predicting the outcome of the Australian action. This article concludes that the outcome of the Australian litigation is an issue that cannot be determined with any certainty due to the lack of specific, relevant precedents both in Australia and in other jurisdictions.     

Models for commercialization of technology from universities and research laboratories

One of the most admired aspects of U.S. technology has been the ability to assimilate and commercialize new science and technology. In light of the rising international competition, there has been new emphasis placed on the commercialization of U.S. science and technology developed in the federal laboratories. While research and development remains the focus of these laboratories, passage of the Stevenson-Wydler Technology Act of 1980 and the Technology Transfer Act of 1986 has resulted in a means to further the exploitation of discoveries, patents, and copyrights developed within the laboratories. The transfer of technology to industrial partners and users is a complex task for a federal laboratory. Since the interaction with industry, as well as market knowledge and assessment of the needs of business users are beyond the charter of a federal laboratory, new organizational mechanisms are required in order to obtain full commercial value from the laboratories' efforts. A study was instituted to examine selected organizational and policy arrangements for achieving the optimum commercial value from the science and technology research at the research and development laboratories sponsored and funded by the U.S. government.