Australian medical biotechnology: Navigating a complex patent landscape

Abstract

This paper reports the results of an empirical study of the Australian medical biotechnology industry, involving surveys and interviews with participants in research institutions, companies and diagnostic facilities. Despite ongoing concerns about the impact of gene and research tool patents on downstream research and development, this study reveals evidence of liberal licensing practices associated with some essential or foundational inventions within the Australian industry. However, there are also significant challenges, including negotiating difficulties, restrictive licence terms, refusals to license and stacking royalties. Hence some consideration of the options for law reform is warranted.