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Full-Text Articles in Law
Blame It On Rio: Biodiscovery, Native Title, And Traditional Knowledge, Matthew Rimmer
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, …
The Attack Of The Clones: Patent Law And Stem Cell Research, Matthew Rimmer
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 …
Genentech And The Stolen Gene: Patent Law And Pioneer Inventions, Matthew Rimmer
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.