find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Legal Counsel
Category: Corporate and Commercial Law | Location: North Sydney NSW 2060
· 18 month fixed term contract · 3-5 years PQE with TMT exposure
View details
Trade mark attorneys vocal on gene patent issue

Trade mark attorneys vocal on gene patent issue

The Institute of Patent and Trade Mark Attorneys has welcomed the Government's response to the recommendations in relation to the gene patents.

The Institute of Patent and Trade Mark Attorneys in Australia (IPTA)  has welcomed the Federal Government’s response to the recommendations of the Senate Community Affairs Committee, the Advisory Council on Intellectual Property and the Australian Law Reform Commission in relation to the gene patents. 

The Governments rejection of an outright ban on the patenting of genes and other biological materials clearly reinforces the crucial role of the patent system in fostering investment and development in medical research and will restore certainty and confidence in the biotechnology sector in Australia.


According to IPTA spokesperson Dr Tania Obranovich, "the Government’s recommendations are well placed and focus on ensuring the existence and application of patentability thresholds consistent with International standards, while simultaneously acknowledging the availability of safeguards already present in the Patents Act to control how a patent right is exercised and to thereby prevent abusive monopolistic behaviour".


"Importantly, the Government recognises the importance of ensuring fair and reasonable access to patented medical technologies, both in terms of community access to affordable healthcare and access for research purposes," Dr Obranovich said. 

"Crucially, the recommendations highlight the importance that these outcomes be pursued in a technology neutral manner, ensuring community access to all technologies.

"This focus reflects the Governments appreciation of the outcomes which are sought by the wider community." 


In its recommendations, the Government has acknowledged the significance of the Raising the Bar Bill, which seeks to raise Australian patentability thresholds.  However, it does recommend that further legislative consideration be given to a number of issues, including the introduction of an ethical exclusion to the patenting of technologies where such patenting may be out of step with community values. 


The Government's acceptance of the recommendation that patents to genes and biological materials not be banned should now bring an end to  consideration of the Private Members Bills which seek to ban the patenting of these materials in Australia. 

Were these Bills to be enacted, there would flow a raft of detrimental  consequences across the healthcare, agriculture, food technology and livestock sectors. 


"IPTA applauds the Government’s response and we look forward to continuing to work with the members of the scientific and legal community going forward,” Dr Obranovich said.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Trade mark attorneys vocal on gene patent issue
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
LCA president Fiona McLeod SC
Aug 17 2017
Where social fault lines meet the justice gap in Aus
After just returning from a tour of the Northern Territory, LCA president Fiona McLeod SC speaks wit...
Marriage equality flag
Aug 17 2017
ALHR backs High Court challenge to marriage equality postal vote
Australian Lawyers for Human Rights (ALHR) has voiced its support for a constitutional challenge to ...
Give advice
Aug 17 2017
A-G issues advice on judiciary’s public presence
Commonwealth Attorney-General George Brandis QC has offered his advice on the public presence of jud...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...