Competitive Tendering and Outsourcing — Initiatives and Methods

Public debate about the use of competitive tendering and contracting (CTC) by governments largely revolves around whether this process actually does lead to better outcomes compared with direct public provision, and whether the formal separation between service specification and delivery enhances or undermines the achievement of policy goals. Over the last decade debate about CTC in Australia has tended to move away from a narrow focus on ideology, towards a broader discussion about how this process can be best managed. The various reviews of CTC currently underway provide an ongoing opportunity for individuals and groups to express their views and highlight their experiences with CTC. These reviews will provide further guidance about how this process can be best managed in the interests of the Australian community.     

The attack of the clones: patent law and stem cell research

This article considers the integral role played by patent law in respect of stem cell research. It highlights concerns about commercialization, access to essential medicines and bioethics. The article maintains that there is a fundamental ambiguity in the Patents Act 1990 (Cth) as to whether stem cell research is patentable subject matter. There is a need to revise the legislation in light of the establishment of the National Stem Cell Centre and the passing of the Research Involving Embryos Act 2002 (Cth). The article raises concerns about the strong patent protection secured by the Wisconsin Alumni Research Foundation and Geron Corporation in respect of stem cell research in the United States. It contends that a number of legal reforms could safeguard access to stem cell lines, and resulting drugs and therapies. Finally, this article explores how ethical concerns are addressed within the framework of the European Biotechnology Directive. It examines the decision of the European Patent Office in relation to the so-called "Edinburgh patent", and the inquiry of the European Group on Ethics in Science and New Technologies into "The Ethical Aspects of Patenting Involving Human Stem Cells".