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Open Access. Powered by Scholars. Published by Universities.®

2003

Matthew Rimmer

Biotechnology

Articles 1 - 2 of 2

Full-Text Articles in Law

Franklin Barley: Patent Law And Plant Breeders' Rights, Matthew Rimmer Nov 2003

Franklin Barley: Patent Law And Plant Breeders' Rights, Matthew Rimmer

Matthew Rimmer

This paper considers the relationship between patent law and plant breeders' rights in light of modern developments in biotechnology. It examines how a number of superior courts have sought to manage the tensions and conflicts between these competing schemes of intellectual property protection. Part 1 considers the High Court of Australia case of Grain Pool of Western Australia v the Commonwealth dealing with Franklin barley. Part 2 examines the significance of the Supreme Court of the United States decision in JEM Ag Supply Inc v Pioneer Hi-Bred International Inc with respect to utility patents and hybrid seed. Part 3 considers …

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Genentech And The Stolen Gene: Patent Law And Pioneer Inventions, Matthew Rimmer Jan 2003

Genentech And The Stolen Gene: Patent Law And Pioneer Inventions, Matthew Rimmer

Matthew Rimmer

This paper evaluates the litigation over the biotechnology patent dispute between the University of California and Genentech. First it outlines the scientific work behind the cloning of the human growth hormone, and looks at the patent office, and its treatment of biotechnological inventions. Second, it considers the court room dispute, and the legal case of the University of California and the biotechnology company in this dispute. Finally, it considers the implications of this dispute for policy reform in respect of patent law and biotechnology.

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