Media release
Australian Law Reform Commission
Wednesday, 18 December 2002
ALRC to undertake major new inquiry into gene patenting
The Australian Law Reform Commission (ALRC) will continue its key role in law reform in 2003 after receiving a new inquiry into cutting-edge legal issues facing Australian society.
Last night, Attorney-General Daryl Williams QC released the terms of reference for a new inquiry into the laws and practices governing intellectual property rights over genetic materials and related technologies.
The ALRC has been asked to consider whether changes are required to current patenting laws and practices in the specific area of human health, with the aim of encouraging and rewarding successful research in biotechnology which will provide health and economic benefits, while ensuring that the system does not impede further worthy research, or hamper the delivery of clinical services to Australians.
The need for an inquiry into these issues was identified by the ALRC and the Australian Health Ethics Committee (AHEC) during their current joint inquiry into the protection of human genetic information. The current inquiry is focusing on issues relating to ethics, privacy and discrimination.
ALRC President Professor David Weisbrot said that "Early on in the joint inquiry we were approached by many people with concerns about patenting laws in relation to human genes. It was clear that these issues required careful consideration, but they fell outside of our current terms of reference."
The ALRC and AHEC wrote to the Attorney-General and the Minister for Health and Ageing recommending a separate, specialist inquiry to deal with the intellectual property issues.
"We are thrilled that the government has agreed with the need for an inquiry, and that it has asked the ALRC to take on this task," said Prof Weisbrot. "This critically important project is another area that obliges use to get on top of technical, complex issues, but also requires us to consult closely with the general community, since the outcomes will affect us all."
Prof Weisbrot noted "We have developed strong national and international links, and a high level of expertise in relation to the regulation of the 'New Genetics' in the public interest, as a result of our current joint inquiry with AHEC into the protection of human genetic information. We will be completing that inquiry in March, and we are very much looking forward to continuing our work in this area with a new focus on intellectual property issues".
The ALRC's report on gene patenting is due to be completed by 30 June 2004.
To register an interest in being on the mailing list for this inquiry, please contact the ALRC on (02) 8238 6333, or email patents@alrc.gov.au with full contact details.