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2003

Selected Works

Matthew Rimmer

Patent Law

Articles 1 - 5 of 5

Full-Text Articles in Law

Blame It On Rio: Biodiscovery, Native Title, And Traditional Knowledge, Matthew Rimmer Dec 2003

Blame It On Rio: Biodiscovery, Native Title, And Traditional Knowledge, Matthew Rimmer

Matthew Rimmer

This article examines the legal responses to protect traditional knowledge of biodiversity in the wake of the Rio Convention on Biological Diversity. It considers the relative merits of the inter-locking regimes of contract law, environmental law, intellectual property law, and native title law. Part 1 considers the natural drug discovery industry in Australia. In particular, it looks at the operations of Amrad, Astra Zeneca R & D, and the Australian Institute of Marine Science. This section examines the key features of the draft regulations proposed under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - model contracts, informed consent, …

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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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The Attack Of The Clones: Patent Law And Stem Cell Research, Matthew Rimmer May 2003

The Attack Of The Clones: Patent Law And Stem Cell Research, Matthew Rimmer

Matthew Rimmer

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 …

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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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Beyond Blue Gene: Intellectual Property And Bioinformatics, Matthew Rimmer Dec 2002

Beyond Blue Gene: Intellectual Property And Bioinformatics, Matthew Rimmer

Matthew Rimmer

This article considers the challenges posed to intellectual property law by the emerging field of bioinformatics. It examines the intellectual property strategies of established biotechnology companies, such as Celera Genomics, and information technology firms entering into the marketplace, such as IBM. First this paper argues that copyright law is not irrelevant to biotechnology, as some commentators would suggest. It claims that the use of copyright law and contract law is fundamental to the protection of biomedical and genomic databases. Second this article questions whether biotechnology companies are exclusively interested in patenting genes and genetics sequences. Recent evidence suggests that biotechnology …

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