The attack of the clones: Patent law and stem cell research

Rimmer, Matthew (2004) The attack of the clones: Patent law and stem cell research. Journal of Law and Medicine, 10(4), pp. 488-505.

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Abstract

This article considers the integral role played by patent law in respect of stem cell research. It highlights concerns about commercialization, access to essential medicines and bioethics. The article maintains that there is a fundamental ambiguity in the Patents Act 1990 (Cth) as to whether stem cell research is patentable subject matter. There is a need to revise the legislation in light of the establishment of the National Stem Cell Centre and the passing of the Research Involving Embryos Act 2002 (Cth). The article raises concerns about the strong patent protection secured by the Wisconsin Alumni Research Foundation and Geron Corporation in respect of stem cell research in the United States. It contends that a number of legal reforms could safeguard access to stem cell lines, and resulting drugs and therapies. Finally, this article explores how ethical concerns are addressed within the framework of the European Biotechnology Directive. It examines the decision of the European Patent Office in relation to the so-called Edinburgh patent, and the inquiry of the European Group on Ethics in Science and New Technologies into The Ethical Aspects of Patenting Involving Human Stem Cells.

Impact and interest:

5 citations in Scopus
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ID Code: 85404
Item Type: Journal Article
Refereed: Yes
Keywords: competition law, compulsory licensing, ethical objections, European Biotechnology Directive, examination guidelines, human cloning, Patent Administration, patent law, research exemption, Stem Cell Research, Intellectual Property and Innovation Law Research Group
ISSN: 1320-159X
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Deposited On: 17 Aug 2015 01:17
Last Modified: 07 Sep 2015 01:36

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