NHMRC Committees – Dianne Nicol Appointed

Posted on September 21, 2015 by CLG

Di Nicol 2We are pleased and proud to announce that the CLG Director, Dianne Nicol has been appointed a member to two NHMRC Committees. She is the member in common on the NHMRC Principal Committee Australian Health Ethics Committee (AHEC) and the Embryo Research Licensing Committee. Dianne continues the CLGs longstanding relationship with NHMRC Committees; Deputy-Director Margaret Otlowski has served as a member of AHEC and as the member in common for the Human Genetics Advisory Committee (2009-2012; 2012-2015) and Deputy-Director Professor Don Chalmers was also a member of the Human Genetics Advisory Committee (2006 -2009) and Chair of AHEC from 1993 – 2000 (during which time he was also Director of the CLG).

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BRCA Expiration Day

Posted on August 11, 2015 by CLG

It is a rare day that we, intellectual property aficionados, celebrate the end of a patent. But today, the 11th of August 2015, is an auspicious day, as many of the infamous BRCA patents expire. These patents have been the subject of much controversy worldwide, with Court challenges in the US, Europe and Australia. The patents that are due to expire include Australian patent AU686004 that is the subject of D’Arcy v. Myriad Genetics Inc & Anor, as well as a number of Myriad’s European Patents (EP0699754, EP0705902 and EP0705903). In some ways this expiry will have little effect in the Australian context; as we explain in our Occasional Paper at 115 the BRCA patents have been gifted ‘to the women in Australia and New Zealand’ by Genetic Technologies Ltd, the exclusive licensee of the patents in Australia and New Zealand. However the Australian High Court case challenges a broader principle. The question posed there is whether isolated genes that resemble those in nature are manners of manufacture for the purposes of s 18(1)(a) of the Patents Act 1990.

Whilst we eagerly await the decision of that court, Europeans and Australians need harbour no more concern that these particular patents will stifle innovation or reduce access to diagnostic tests. Beyond this, the question of what should constitute patentable subject matter will continue to be debated. Hopefully, we can learn lessons for the BRCA saga that will continue to guide patent policy in the future. (Posted by Dianne Nicol, John Liddicoat and Tess Whitton). 

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HeLEX Conference

Posted on July 13, 2015 by CLG

Sunny_side_of_OxfordProfessors Dianne Nicol and Don Chalmers, along with PhD candidate Jan Charbonneau recently attended a HeLEX Conference at the University of Oxford in the UK ‘Translation in Healthcare Conference: Exploring the Impact of Emerging Technologies’ which ran from June 23-35.

Jan presented on her recent survey of attitudes towards direct to consumer genetic testing and the professors led a session with close collaborator Professor Jane Kaye (Oxford) entitled Embedding Biobanks as Tools for Translational Research – Has the Biobank Bubble Burst? The topics covered the promise of biobanks, good governance and collaborations, levelling-off and sustainability and included a significant discussion on the headline question. It is intended that a paper will be written based on this session, authored by attendees at the session.

Over 100 people attended the conference, including leading scholars in the field from the UK, Canada, the USA, Australia, Belgium and many other countries. There was also the option of attending virtually using video linking, increasing the opportunity for participation. (Posted by Dianne Nicol.) 

Photo from Twitter @HeLEXOxford

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Swiss Type Claims & Supply Infringement

Posted on July 9, 2015 by CLG

The much awaited case of Otsuka Pharmaceutical Co Ltd v Generic Health Pty Ltd (No 4) was handed down on 29 June 2015. Importantly, the case interprets ‘Swiss type’ patent claims that are relevant to methods of treating diseases using drugs that, prior to the patent application, were previously known. In this case, Yates J found that ‘Swiss type claims’ were valid. The case also represents a recent trend by originator pharmaceutical companies of arguing that generic pharmaceutical companies have infringed patents by supplying drugs that can be used for infringing purposes, even though the drug also has non-infringing purposes. Interestingly, Yates J found the patent in question invalid, but stated that if it is was valid, then the generic pharmaceutical companies would have infringed the patentee’s rights by supplying it. (Posted by John Liddicoat). 

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Congratulations – Prof Don Chalmers Elected to Fellowship of Academy of Health and Medical Sciences

Posted on April 20, 2015 by CLG

The CLG’s very own Distinguished Professor, and former director of the CLG, Don Chalmers, has been elected to fellowship of the Australian Academy of Health and Medical Sciences. He is currently the only non-medical /science academic to achieve this honour. We congratulate him on this outstanding achievement and feel extremely privileged to have him on our team.

Well done Professor Chalmers!

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New Publication – ‘Are the gene-patent clouds dissipating? A global snapshot’

Posted on April 7, 2015 by CLG

Researchers John Liddicoat, Dianne Nicol (CLG Director) and myself have a new publication to report. It is in the April edition of Nature Biotechnology. Broadly, the paper is about whether patents that might impede access to diagnostic genetic tests globally. See what we found, refer to the Nature Biotechnology site. (Posted by Tess Whitton)

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Visiting Scholar – Dr Dinusha Mendis

Posted on April 1, 2015 by CLG

Dr Dinusha Mendis

The CLG hosted Dr Dinusha Mendis during February and March 2015. This was funded by a University of Tasmania Grant held by CLG Director, Dianne Nicol and Dr Jane Nielsen. Dr Mendis’ specialty is copyright and 3D printing.

This collaboration will lead (amongst other things) to publications and a book chapter. We will keep you posted with publication news and dates.

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