The controversial Senate Inquiry into the patentability of genes and other biological material appears to have been subdued, at least for now, as a result of the recent Australian federal election.
The Inquiry resulted from anxiety raised in 2008 when a Melbourne-based company, Genetic Technologies, which held an exclusive license to conduct tests for determining susceptibility to breast cancer based on mutations in genes BRCA-1 and BRCA-2, decided to assert their rights and charge licensing fees. The resulting potential increase in breast cancer testing costs resulted in a "front-page outcry". Although Genetic Technologies ultimately backed down, the scare motivated Senator Bill Heffernan to secure an inquiry by the Australian Senate's community affairs committee into the patentability of genes and other biological material.
It is testament to the complexity of the issues involved that the deadline for reporting the Senate committee's recommendations was extended on three separate occasions. Ultimately, the most recent deadline of 2 September 2010 was circumvented by the federal election held on 21 August 2010. As a result, the committee was required to report. However, unable to provide a comprehensive report at this time, a brief report issued merely summarising the terms of reference and the conduct of the Inquiry.
In view of the considerable public interest and substantial debate in relation to the subject matter of this Inquiry, it seems very likely that it will continue once the new Parliament sits and we will keep you updated on any future recommendations and how they may potentially impact on the biotechnology patent landscape in Australia.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
