Regular intellectual property news from Australia and overseas.
BMA launches discussion paper on genetic patenting
6 August 2001 – Launching a discussion paper on the patenting of human genes today, the British Medical Association has called for tighter European guidelines to ensure consistency between countries and the greatest benefit to the community.
The aim of the paper was to demystify and simplify the subject by highlighting the fundamental issues and difficulties and to suggest a possible way forward. It provides background information on the EC Directive on the Legal Protection of Biotechnological Inventions (the Directive), which obliges member states of the European Union to adopt consistent national patent laws. It also gives some basic information about patent law, and a discussion on its application to genetic research.
A patent rewards innovation by giving a level of protection over the commercial exploitation of an invention. Too much protection may stifle further development by slowing the exchange of knowledge, while too little protection would deter investment in research and development by reducing the prospect of reasonable returns. It is important to find the right balance between commercial and public interests.
One of the BMA's main criticisms of the Directive is that the wording is ambiguous and open to a range of interpretations of the criteria for patenting. The BMA believes the criteria should be interpreted narrowly. It also says that more informed debate about specific issues is required at an international level, and that consistency between patent offices could be achieved through an Explanatory Memorandum or through a code of practice.
A full copy of the discussion paper can be obtained at www.mba.org.uk.
