Methods of Medical Treatment of Human Illnesses in New Zealand: Practitioners and Non-Practitioners

26 Pages Posted: 18 Nov 2011

See all articles by Jessica C. Lai

Jessica C. Lai

Victoria University of Wellington

Date Written: 2007

Abstract

This paper addresses the patentability of methods of medical treatment of human illnesses in New Zealand. It does so by addressing recent case law on the subject matter and the manner by which they interpret the current Patents Act 1953 (NZ) and the Statute of Monopolies 1623, before looking at the relevant provisions in the Draft Patents Bill 2004 and the TRIPS Agreement. The paper further analyses both economic and moral reasons why methods of medical treatment should or should not be patentable in New Zealand, differentiating between practitioners and non-practitioners. It concludes by looking at possible loopholes that allow for the patenting of methods of medical treatments, cloaked under different guises.

Keywords: methods of medical treatment, patent law, swiss claims, dosage claims

JEL Classification: K11, K30

Suggested Citation

Lai, Jessica C., Methods of Medical Treatment of Human Illnesses in New Zealand: Practitioners and Non-Practitioners (2007). Available at SSRN: https://ssrn.com/abstract=1961476 or http://dx.doi.org/10.2139/ssrn.1961476

Jessica C. Lai (Contact Author)

Victoria University of Wellington ( email )

PO Box 600
Wellington
New Zealand

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