Senate Community Affairs Committee Inquiry Into Gene Patents

The Australian Senate has recently referred to The Community Affairs Committee for inquiry and report on the impact of the granting of patents in Australia over human and microbial genes and non-coding sequences, proteins, and their derivatives, including those materials in an isolated form, with particular reference to:

1. the impact which the granting of patent monopolies over such materials has had, is having, and may have had on:
   1. the provision and costs of healthcare,
   2. the provision of training and accreditation for healthcare professionals,
   3. the progress in medical research, and
   4. the health and wellbeing of the Australian people;
2. identifying measures that would ameliorate any adverse impacts arising from the granting of patents over such materials, including whether the Patents Act 1990 should be amended, in light of the any matters identified by the inquiry; and
3. whether the Patents Act 1990 should be amended so as to expressly prohibit the grant of patent monopolies over such materials.

The enquiry comes after Australian company Genetic Technologies Limited attempted to enforce its rights as exclusive licensee of method patents for the detection of BRCA1 and BRCA2 mutant proteins which play a role in hereditary breast cancer. After public outcry, Genetic Technologies withdrew their enforcement attempt and allowed other laboratories in Australia to perform testing.

Closing date for the receipt of submissions to the Committee is 19 March 2009 with a final report issued by June 2009.