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On the Legality of Gene Patents

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posted on 2023-05-25, 22:14 authored by Dianne NicolDianne Nicol
This article considers the legal and policy deliberations on gene patenting that have occurred since the issue came to the fore in the early 1990s. The analysis is contextualised with brief overviews of the science of genetics and genomics and the law of patents. Legislation, administrative guidelines and case law are analysed, focusing on the jurisdictions of Australia, the US and the UK. This article concludes that, despite ongoing legal and policy developments, clear guidance as to the legality of gene patents remains elusive. It is obviously desirable to have proper and certain gene patenting laws. In time, this is likely to happen. In the interim, it is argued that other mechanisms are also available for dealing with gene patents, negating the desirability of a radical overhaul of gene patenting laws.

History

Publication title

Melbourne University Law Review

Volume

29

Article number

3

Number

3

Pagination

809-842

ISSN

0025-8938

Publication status

  • Published

Rights statement

http://mulr.law.unimelb.edu.au/

Repository Status

  • Open

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