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On the Legality of Gene Patents


Nicol, D, On the Legality of Gene Patents, Melbourne University Law Review, 29, (3) pp. 809-842. ISSN 0025-8938 (2005) [Refereed Article]

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This article considers the legal and policy deliberations on gene patenting that have occurred since the issue came to the fore in the early 1990s. The analysis is contextualised with brief overviews of the science of genetics and genomics and the law of patents. Legislation, administrative guidelines and case law are analysed, focusing on the jurisdictions of Australia, the US and the UK. This article concludes that, despite ongoing legal and policy developments, clear guidance as to the legality of gene patents remains elusive. It is obviously desirable to have proper and certain gene patenting laws. In time, this is likely to happen. In the interim, it is argued that other mechanisms are also available for dealing with gene patents, negating the desirability of a radical overhaul of gene patenting laws.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Public law
Research Field:Public law not elsewhere classified
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Justice and the law not elsewhere classified
UTAS Author:Nicol, D (Professor Dianne Nicol)
ID Code:37831
Year Published:2005
Deposited By:Law
Deposited On:2005-08-01
Last Modified:2009-07-14

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