Legislating to Exclude Gene Patents: Difficult and Unhelpful, or Useful and Feasible?

22(1) Journal of Law, Information and Science 32, 2012

23 Pages Posted: 11 Oct 2014

See all articles by Dianne Nicol

Dianne Nicol

University of Tasmania

John Liddicoat

University of Cambridge - Faculty of Law; University of Tasmania

Date Written: December 3, 2012

Abstract

The question of whether or not “genes” should be eligible for patent protection continues to be a cause of significant tension around the world in academic, policy and commercial contexts, as well as in the media and other public forums, for wide-ranging reasons. The primary focus of this paper is an analysis of a recent attempt in Australia to use legislative means to exclude from patent eligibility isolated nucleotide and polypeptide sequences that are similar to those that exist in nature.

Keywords: Patents, gene patents, commercial, research

JEL Classification: O33, O34

Suggested Citation

Nicol, Dianne and Liddicoat, Johnathon, Legislating to Exclude Gene Patents: Difficult and Unhelpful, or Useful and Feasible? (December 3, 2012). 22(1) Journal of Law, Information and Science 32, 2012, Available at SSRN: https://ssrn.com/abstract=2507512

Dianne Nicol

University of Tasmania ( email )

French Street
Sandy Bay
Tasmania, 7250
Australia

Johnathon Liddicoat (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

University of Tasmania ( email )

French Street
Sandy Bay
Hobart, Tasmania 7001
Australia

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