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On the Legality of Gene Patents
Nicol, D (2005) On the Legality of Gene Patents. Melbourne University Law Review, 29 (3). pp. 809-842. ISSN 0025-8938
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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.
|Journal or Publication Title:||Melbourne University Law Review|
|Page Range:||pp. 809-842|
|Date Deposited:||11 Dec 2007 12:38|
|Last Modified:||18 Nov 2014 03:25|
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