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DíArcy v Myriad genetics: the impact of the high courtís decision on the cost of genetic testing in Australia


Nicol, D and Nielsen, J and Dawkins, V, D'Arcy v Myriad genetics: the impact of the high court's decision on the cost of genetic testing in Australia, Centre for Law and Genetics, (Occasional Paper No 9) pp. 1-101. ISSN 1445-2766 (2018) [Refereed Article]


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Copyright © 2018 University of Tasmania and the Authors.

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This occasional paper is the result of a study funded by IP Australia looking into the effects of the High Courtís decision in DíArcy v Myriad Genetics [2015] HCA 35 on the cost of genetic diagnostic testing in Australia. The High Court handed down its decision on 7 October 2015, and this study sought to ascertain whether there is any basis to conclude that the decision, which invalidated Myriadís patent over the BRCA gene, has had a discernible impact on the cost of testing. In addition to reviewing the extensive literature that has amassed in relation to patents and their impact on genetic diagnostic testing, the project involved detailed analysis of relevant case law and interviews with those involved in genetic testing in Australia.

Item Details

Item Type:Refereed Article
Keywords:patents, intellectual property, law reform, DNA sequences
Research Division:Law and Legal Studies
Research Group:Private law and civil obligations
Research Field:Intellectual property law
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Law reform
UTAS Author:Nicol, D (Professor Dianne Nicol)
UTAS Author:Nielsen, J (Associate Professor Jane Nielsen)
UTAS Author:Dawkins, V (Ms Verity Dawkins)
ID Code:131142
Year Published:2018
Deposited By:Law
Deposited On:2019-03-05
Last Modified:2019-04-15
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