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ARTICLE · 22 SEPTEMBER 2010

Senate Inquiry Into The Patentability Of Genes

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The controversial Senate Inquiry into the patentability of genes and other biological material appears to have been subdued, at least for now, as a result of the recent Australian federal election.

AustraliaIntellectual Property
Grant Shoebridge
Grant Shoebridge
Jacinta Flattery-O'Brien(Formerly With Shelston IP)
Jacinta Flattery-O'Brien(Formerly With Shelston IP)
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The controversial Senate Inquiry into the patentability of genes and other biological material appears to have been subdued, at least for now, as a result of the recent Australian federal election.

The Inquiry resulted from anxiety raised in 2008 when a Melbourne-based company, Genetic Technologies, which held an exclusive license to conduct tests for determining susceptibility to breast cancer based on mutations in genes BRCA-1 and BRCA-2, decided to assert their rights and charge licensing fees. The resulting potential increase in breast cancer testing costs resulted in a "front-page outcry". Although Genetic Technologies ultimately backed down, the scare motivated Senator Bill Heffernan to secure an inquiry by the Australian Senate's community affairs committee into the patentability of genes and other biological material.

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